HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
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,
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.
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
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)
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-
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
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)
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.