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.
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(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
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