HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
S.B. Criminal Misc(Pet.) No. 572 / 2018
Nana Lal S/o Shri Ramesh, By Caste Kumawat, Resident of
Achaleshwar, Tehsil District Pratapgarh (Raj.)
1. State of Rajasthan
2. Smt. Gayatri Bai W/o Nana Lal, Resident of Bhalot, P.S. Y.D.
Nagar, Mandsaur (M.P.).
For Petitioner(s) : Mr.Shambhoo Singh.
For Respondent(s) : Mr.M.S.Panwar, P.P.
HON’BLE MR. JUSTICE SANDEEP MEHTA
Judgment / Order
The instant misc. petition has been filed seeking quashing of
the proceedings of the Cr. Case No.480/2013 pending in the Court
of learned Additional Chief Judicial Magistrate, Pratapgarh for the
offence under Section 498A of the I.P.C. on basis of a mutual
The respondent No.2 is the first informant and the petitioner
is her husband.
The learned counsel representing the respective parties viz.
accused petitioner and the respondent No.2 wife, submit that the
litigating spouses have mutually decided to terminate their marital
ties and thus, the proceedins going on in the trial court against
the accused petitioner should be quashed.
(2 of 2)
They submit that an application for termination of the
proceedings through a mutual compromise was filed on behalf of
the respondent No.2 in the Court below. The trial Court vide order
dated 6.2.2018 has been rejected by the trial Court on the ground
that the offence under Section 498A of I.P.C. is non-
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 allowing 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
Accordingly, the misc. petition is allowed and the
proceedings of the Cr. Case No.480/2013 pending in the Court of
learned Additional Chief Judicial Magistrate, Pratapgarh for the
offence under Section 498A of the I.P.C. are hereby quashed. Stay
petition is also disposed of.
(SANDEEP MEHTA), J.