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Sanjay Agrawal vs State on 5 February, 2020

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 502/2020

Sanjay Agrawal S/o Badri Lal Agrawal, Aged About 52 Years,
Resident Of 64, Kumbha Nagar, Chittorgarh, Presently Resident
Of 1101, Nakshatra Tower, Near Balaji Hospital, Golden Nest
Circle, Bhayandar East, Mumbai, Maharashtra.

—-Petitioner
Versus

1. State, Through Pp

2. Smt. Seema Agrawal W/o Sanjay B Agrawal (D/o Kailash
Chandra Agrawal), Resident Of 23, Jogpol, Mandi Ki Nal,
Udaipur.

—-Respondents

For Petitioner(s) : Mr.Deepak Menaria.
For Respondent(s) : Mr.Mukhtiyar Khan, P.P.

HON’BLE MR. JUSTICE SANDEEP MEHTA

Judgment / Order

05/02/2020
The instant misc. petition has been filed seeking quashing of

the proceedings of the Cr. Case No.2085/2016 pending in the Court

of learned Addl.Chief Judicial Magistrate No.2, Udaipur arising out of

FIR No.102/2016 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.2 is the first informant and the

petitioner is her husband.

(Downloaded on 05/02/2020 at 08:48:15 PM)

(2 of 3) [CRLMP-502/2020]

Both the learned counsel for the parties have submitted

that the parties have settled their matrimonial disputes and have

decided to live together 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 22.1.2020 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.2085/2016 pending in the Court of

learned Addl.Chief Judicial Magistrate No.2, Udaipur arising out of

(Downloaded on 05/02/2020 at 08:48:15 PM)
(3 of 3) [CRLMP-502/2020]

FIR No.102/2016 registered at the Woman Police Station Udaipur 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/ 90

(Downloaded on 05/02/2020 at 08:48:15 PM)

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