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2013 DIGILAW 1890 (RAJ)

Mahesh Kumar v. State of Rajasthan

2013-10-29

SANDEEP MEHTA

body2013
JUDGMENT 1. - The instant misc. petition has been filed on behalf of the petitioners seeking quashing of the proceedings of the Criminal Regular Case No. 97/2009 pending in the Court of learned Judicial Magistrate, Sri Dungargarh arising out of F.I.R. No. 134/2009, registered at the Police Station Sri Dungargarh for the offence under Section 498-A I.P.C. on the basis of the compromise. 2. The respondent No. 2 is the first informant and the petitioner No. 1 is her husband. 3. Both the learned counsel for the parties have submitted that the parties have settled their dispute and have decided to terminate their ties by mutual consent and thus, the proceedings going on against the petitioners 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 30.8.2013 has accepted the said application for the offence under Sections 406 and 323 I.P.C. and has compounded the proceedings to that extent. So far as the offence under Section 498-A I.P.C. is concerned, the application has been rejected by the Trial Court on the ground that the offence under Section 498-A I.P.C. is non-compoundable. 4. In this view of the matter and looking to the guidelines issued by the Hon'ble Apex Court in the case of Gian Singh v. State of Punjab & Anr. reported in JT 2012(9) (SC) 426 . it is apparent that further continuance of the proceedings going on against the petitioners 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. 5. Accordingly, the misc. petition is allowed and the proceedings of the Criminal Regular Case No. 97/2009 pending in the Court of learned Judicial Magistrate, Sri Dungargarh arising out of F.I.R. No. 134/2009, registered at the Police Station Sri Dungargarh for the offence under Section 498-A I.P.C. against the petitioners are hereby quashed on the basis of the compromise. Stay petition is also disposed of.Petition allowed. *******