HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 501/2020
Mohd. Nadeem S/o Mohd. Siddique, Aged About 23 Years, 260,
Chhoti Pipli, Ganesh Nagar, Pahada, Udaipur.
—-Petitioner
Versus
1. State, Through P.p.
2. Smt. Sanna Parveen @ Sanna Dayar W/o Shri Mohd.
Nadeem (Daughter Of Gulam Rasool), House No. 221,
Ahmed Hussain Colony, Gali No. 01, Behind Mastan Baba,
Mallatalai, Police Station Ambamata, Ward No. 06,
Udaipur.
—-Respondents
For Petitioner(s) : Mr.Deepak Menaria.
For Respondent(s) : Mr.Mukhtiyar Khan, P.P.
HON’BLE MR. JUSTICE SANDEEP MEHTA
Judgment / Order
05/02/2020
The instant misc. petition has been filed seeking quashing of
the proceedings of the Cr. Case No.9145/2018 pending in the Court
of learned Addl.Chief Judicial Magistrate No.2, Udaipur arising out of
FIR No.108/2018 registered at the Woman Police Station Udaipur for
the offence under Section 498A of the I.P.C. on the basis of the
compromise.
The respondent No.2 is the first informant and the
petitioner is her husband.
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(2 of 3) [CRLMP-501/2020]
Both the learned counsel for the parties have submitted
that the parties have decided to terminate their ties by mutual
consent and thus, the proceedins going on in the trial court should
be quashed.
They submit that a combined application for termination
of the proceedings through a mutual compromise was filed in the
Court below. The trial Court vide order dated 13.12.2019 has
accepted the said application for the offence under Section 406 of
the I.P.C. and has compounded the proceedings to that extent.
So far as the offence under Section 498A of I.P.C. is concerned,
the application has been rejected by the trial Court on the ground
that the offence under Section 498A of I.P.C. is non-compoundable.
In this view of the matter and looking to the guidelines
issued by the Hon’ble Apex Court in the case of Gian Singh Vs. State
of Punjab Anr. reported in JT 2012(9) SC-426 , it is apparent that
further continuance of the proceedings going on against the
petitioner in the learned trial Court cannot be said to be expedient in
the interest of justice. If the proceedings are allowed to continue, it
may result into the compromise being unsettled.
Accordingly, the misc. petition is allowed and the
proceedings of the Cr. Case No.9145/2018 pending in the Court of
learned Addl.Chief Judicial Magistrate No.2, Udaipur arising out of
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(3 of 3) [CRLMP-501/2020]
FIR No.108/2018 registered at the Woman Police Station Udaipur for
the offence under Section 498A of the I.P.C. are hereby quashed.
Stay petition is also disposed of.
(SANDEEP MEHTA),J
/tarun goyal/ 89
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