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Prashant Trivedi vs Smt. Anu on 30 January, 2020

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 428/2020

1. Prashant Trivedi S/o Mahesh Trivedi, Aged About 38
Years, R/o 2 Ta 16, Shanti Nagar, Sector 5, Udaipur
(Raj.).

2. Neera Trivedi W/o Mahesh Trivedi, Aged About 70 Years,
R/o 2 Ta 16, Shanti Nagar, Sector-5, Udaipur (Raj.).

—-Petitioners
Versus

1. Smt. Anu W/o Prashant Trivedi D/o Ramesh Sharma,
Aged About 35 Years, R/o House No. 163/34, Ganesh
Nager, Papli Vali Gali, University Road, Udaipur (Raj.).

2. State Of Rajasthan, Through Pp.

—-Respondents

For Petitioner(s) : Ms.Varsha Purohit
For Respondent(s) : Mr.Sudheer Tak, P.P.

Ms.Khushboo Palasiya.

HON’BLE MR. JUSTICE SANDEEP MEHTA

Judgment / Order

30/01/2020
The instant misc. petition has been filed seeking quashing of

the proceedings of the Cr. Case No.6845/2014 pending in the

Court of learned Chief Judicial Magistrate, Udaipur arising out of

FIR No.59/2010 registered at the Woman Police Station Udaipur

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

compromise.

The respondent No.1 is the first informant and the petitioner

No.1 is her husband.

Both the learned counsel for the parties have submitted that

the parties have decided to terminate their ties by mutual consent

(Downloaded on 30/01/2020 at 08:59:09 PM)
(2 of 2) [CRLMP-428/2020]

and thus, the proceedins going on in the trial court should be

quashed.

They submit that a combined application for termination of

the proceedings through a mutual compromise was filed in the

Court below. The trial Court vide order dated 29.8.2019 has

accepted the said application for the offence under Section 406 of

the 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

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 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.6845/2014 pending in the Court of learned

Chief Judicial Magistrate, Udaipur arising out of FIR No.59/2010

registered at the Woman Police Station Udaipur for the offence

under Section 498A of the I.P.C. are hereby quashed. Stay

application is disposed of.

(SANDEEP MEHTA),J

/tarun goyal/ 68

(Downloaded on 30/01/2020 at 08:59:09 PM)

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