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Nana Lal vs State & Anr on 19 February, 2018

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 572 / 2018
Nana Lal S/o Shri Ramesh, By Caste Kumawat, Resident of
Achaleshwar, Tehsil District Pratapgarh (Raj.)
—-Petitioner
Versus
1. State of Rajasthan

2. Smt. Gayatri Bai W/o Nana Lal, Resident of Bhalot, P.S. Y.D.
Nagar, Mandsaur (M.P.).
—-Respondents
__
For Petitioner(s) : Mr.Shambhoo Singh.
For Respondent(s) : Mr.M.S.Panwar, P.P.
Mr.Dashrath Singh.
__
HON’BLE MR. JUSTICE SANDEEP MEHTA
Judgment / Order
19/02/2018

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

compromise.

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)
[CRLMP-572/2018]

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-

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 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

unsettled.

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.

/tarun goyal/

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