Bharat @ Tinku vs State And Ors

The instant misc. petition has been filed seeking quashing of the proceedings of the Cr. Case No.1546/2013 (748/2014) pending in the Court of learned Additional Chief Judicial Magistrate, Sumerpur, District Pali arising out of FIR No.88/2013 registered at the Police Station Takhatgarh, District 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 No.1 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.

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 18.5.2018 has accepted the said application for the offence under Section 406 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.1546/2013 (748/2014) pending in the Court of learned Additional Chief Judicial Magistrate, Sumerpur, District Pali arising out of FIR No.88/2013 registered at the Police Station Takhatgarh, District Pali for the offence under Section 498A of the I.P.C. are hereby quashed. Stay application is disposed of.