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.
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(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
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