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Judgment
The instant misc. petition has been filed seeking quashing of the proceedings of the Cr. Case No.135/2013 pending in the Court of learned Metropolitan Magistrate No.2, Jodhpur Metro arising out of FIR No.135/2013 registered at the Women Police Station, District Jodhpur for the offences under Sections 498A and 323 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 resumed the matrimonial relationship and are residing happily with each other and there remains no disputes between them and thus, the proceedings 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 21.2.2017 has rejected the said application. They urge that the continuance of the proceedings against the petitioner before the trial court may unsettle the compromise arrived at between the parties. Thus, it was prayed that the same be quashed.
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 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.
Accordingly, the misc. petition is allowed and the proceedings of the Cr. Case No.135/2013 pending in the Court of learned Metropolitan Magistrate No.2, Jodhpur Metro arising out of FIR No.135/2013 registered at the Women Police Station, District Jodhpur for the offences under Sections 498A and 323 of the I.P.C. are hereby quashed. Stay petition is also disposed of.