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Smt Laxmi vs State on 20 November, 2019

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 5859/2019

Smt Laxmi W/o Sumera Ram Prajapat, D/o Shri Nemaram Ji,
Aged About 23 Years, By Caste Prajapat, R/o Rajiv Gandhi
Colony, Pal Link Road, Jodhpur.

—-Petitioner
Versus

1. State, Through PP

2. Sumeraram S/o Kumbharam Ji, By Caste Prajapt, R/o
Mansar, Panchayat Phalsund, District Jaisalmer, At Present
Chaukha, Jodhpur.

3. Kumbharam S/o Late Sh. Dhokalram Ji, By Caste
Prajapat, R/o Mansar, Panchayat Phalsund, District
Jaisalmer, At Present Chaukha, Jodhpur.

4. Smt. Narayanidevi W/o Kumbharam Ji, By Caste Prajapat,
R/o Mansar, Panchayat Phalsund, District Jaisalmer, At
Present Chaukha, Jodhpur.

—-Respondents

For Petitioner(s) : Mr.Nadish Singhvi.
For Respondent(s) : Mr.Gaurav Singh, P.P.

Mr.Devi Singh.

Mr.Harshit Vyas.

HON’BLE MR. JUSTICE SANDEEP MEHTA

Judgment / Order

20/11/2019
The instant misc. petition has been filed seeking quashing of

the proceedings of the Cr. Case No.10/2018 pending in the Court

of learned Additional Chief Judicial Magistrate (PCPNDT Cases),

Jodhpur Metro arising out of FIR No.157/2017 registered at the

Women Police Station (West), Jodhpur for the offence under

Section 498A of the I.P.C. on the basis of the compromise.

(Downloaded on 21/11/2019 at 08:53:01 PM)

(2 of 2) [CRLMP-5859/2019]

The petitioner and the respondent No.1 are spouses. Both of

them entered into the compromise and thus, submitted an

application for termination of the proceedings in the Court below.

The trial Court vide order dated 26.9.2019 has accepted the said

application for the offences under Sections 323 and Section406 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.10/2018 pending in the Court of learned

Additional Chief Judicial Magistrate (PCPNDT Cases), Jodhpur

Metro arising out of FIR No.157/2017 registered at the Women

Police Station (West), Jodhpur for the offence under Section 498A

of the I.P.C. are hereby quashed.

(SANDEEP MEHTA),J

/tarun goyal/ 222

(Downloaded on 21/11/2019 at 08:53:01 PM)

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