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Narendra Singh & Ors vs State on 4 April, 2017

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 988 / 2017
1. Narendra Singh S/o Shri Sawai Singh,

2. Sawai Singh S/o Shri Prem Singh,

3. Bhupendra Singh S/o Shri Sawai Singh,

4. Manohar Kanwar S/o Shri Sawai Singh,

5. Suman Kanwar D/o Shri Sawai Singh,
All Residents of 25-B, 182, B.J.S. Colony, P.S. Mahamandir,
Jodhpur.
—-Petitioners
Versus
1. The State of Rajasthan
2. Sanyogita Kanwar D/o Shri Bajrang Singh, Resident of C/o
Rajesndra Sen, House No. 78, in Front of Lal Bagh,
Simrathwala Bera, P.S. Mandore, Jodhpur.
—-Respondents
__
For Petitioners : Mr. Vinod Sharma
For Respondent-State : Mr. M.S. Panwar, PP.
For Respondent No.2 : Mr. D.K. Bishnoi.
__
HON’BLE MR. JUSTICE SANDEEP MEHTA
Order
04/04/2017

The instant misc. petition has been filed seeking quashing of

the proceedings of the Cr. Case No.218/2011 pending in the Court

of learned Judicial Magistrate, Jodhpur District arising out of FIR

No.223/2010 registered at the Police Station Mahila Thana (East),

Jodhpur for the offence under Section 498A of the I.P.C. on basis of a

mutual compromise betweem the parties.
(2 of 3)
[CRLMP-988/2017]

The respondent No.2 is the first informant and the

petitioner No.1 is her husband and petitionrs No.2 to 5 are her in-

laws.

The learned counsel represented the respective parties

have submitted that the spouses have decided to terminate their

marital ties by mutual consent and have also compounded the

criminal proceedings and thus, the proceedins going on in the trial

court should be quashed.

They submit that a joint application for termination of the

proceedings through a mutual compromise was filed in the Court

below. The trial Court vide order dated 10.03.2017 has accepted the

said application for the offence under Section 406 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

laid down 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 criminal proceedings going on

against the petitioners before 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.218/2011 pending in the Court of

learned Judicial Magistrate, Jodhpur Distict arising out of FIR
(3 of 3)
[CRLMP-988/2017]

No.223/2010 registered at the Mahila Police Station (East)

Jodhpur Metroplitan for the offence under Section 498A of the

I.P.C. are hereby quashed. Stay petition is also disposed of.

(SANDEEP MEHTA), J.

a.asopa/-60

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