HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 1270 / 2017
Mukesh Mathur Son of Shri Swami Chandra Prakash Mathur,, By
Caste Mathur, Resident of 21/860, Chopasni Housing Board,
Jodhpur.
—-Petitioner
Versus
1. The State of Rajasthan
2. Smt Seema D/o Ratan Prakash Mathur, Wife of Mukesh Mathur,,
By Caste Mathur, Resident of 8/590 Chopasni Housing Board,
Jodhpur.
—-Respondents
__
For Petitioner(s) : Mr.D.S.Udawat.
For Respondent(s) : Mr.M.S.Panwar, P.P.
For Complainant(s): Mr.S.K.Prajapat.
__
HON’BLE MR. JUSTICE SANDEEP MEHTA
Judgment / Order
03/05/2017
The instant misc. petition has been filed seeking quashing of
the proceedings of the Cr. Appeal No.92/2016 pending in the Court
of learned Additional Sessions Judge (W.A. Act Cases), Jodhpur Metro
for the offence under Section 498A of the I.P.C. on the basis of a
mutual compromise arrived at between the parties.
The respondent No.2 is the first informant and the petitioner is
her husband.
The learned counsel for the respective parties have submitted
that the litigating spouses have decided to terminate their ties by
mutual consent and thus, the conviction of the petitioner as recorded
(2 of 2)
[CRLMP-1270/2017]
by the trial Court for the offence under Section 498A IPC vide
judgment dated 14.7.2016 may be quashed and set aside.
They submit that a joint application for termination of the
proceedings through a mutual compromise was filed in the appellate
Court which was rejected vide order dated 3.4.2017 on the ground
that the offence under Section 498A of I.P.C. is non-compoundable.
In view of the submissions noted hereinabove and keeping in
mind the raio of the judgment rendered by the Hon’ble Apex Court in
the case of Gian Singh Vs. State of Punjab Anr. reported in JT
2012(9) SC-426, this Court is of the opinion that if the conviction of
the petitioner recorded by the trial Court is allowed to stand, the
compromise arrived at between the parties may be unsettled.
Consequently, it is considered to be a fit case for exercising powers
under Section 482 Cr.P.C. to quash the conviction of the petitioner as
recorded by the trial Court for the offence under Section 498A IPC.
Accordingly, the misc. petition is allowed and the conviction
of the petitioner Mukesh Mathur as recorded by learned trial Court
for the offence under Section 498A IPC in Cr. Regular Case
No.517/2013 (3193/15) vide judgment dated 3.4.2017 is set
aside on the basis of the mutural compromise. Consequently, the
Cr. Appeal No.92/2016 preferred by the petitioner in the Court of
learned Additional Sessions Judge (W.A. Act Cases), Jodhpur
Metro shall stand disposed of as having become infructuous. Stay
petition is also disposed of.
(SANDEEP MEHTA)J.
/tarun goyal/
Sr.P.A
