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Vijendra @ Vijay vs State on 29 January, 2020

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 209/2020

Vijendra @ Vijay S/o Shri Prakash Chand, Aged About 32 Years,
By Caste Sargara, Resident Of 9Th, Chopasni Road, Behind
Ranveer Bhawan, Jodhpur.

—-Petitioners
Versus

1. State, Through PP

2. Smt. Veena W/o Vijendra @ Vijay D/o Babu Lal Ji, Aged
About 30 Years, By Caste Sargara, R/o 9Th, Chopasni
Road, Behind Ranveer Bhawan, Jodhpur At Present 47
Vidhya Nagar, Pali.

—-Respondents

For Petitioner(s) : Mr.S.K.Maru.
For Respondent(s) : Ms.Rajlaxmi, P.P.

HON’BLE MR. JUSTICE SANDEEP MEHTA

Judgment / Order

29/01/2020

The instant misc. petition has been filed seeking quashing of

the proceedings of the Cr. Case No.259/2016 pending in the Court

of learned Judicial Magistrate, Pali arising out of FIR No.16/2016

registered at the Woman Police Station Pali 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.

Both the learned counsel for the parties have submitted that

the parties have decided to terminate their ties by mutual consent

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

quashed.

(Downloaded on 30/01/2020 at 08:50:52 PM)

(2 of 2) [CRLMP-209/2020]

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 2.7.2019 has

accepted the said application for the offence under Sections 406

and 323 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.259/2016 pending in the Court of learned

Judicial Magistrate, Pali arising out of FIR No.16/2016 registered

at the Woman Police Station Pali for the offence under Section

498A of the I.P.C. are hereby quashed.

(SANDEEP MEHTA),J

/tarun goyal/119

(Downloaded on 30/01/2020 at 08:50:52 PM)

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