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Mukesh vs State & Anr on 3 May, 2017

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

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