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Judgment
The instant misc. petition has been filed seeking quashing of
the proceedings of the Cr. Case No.207/2011 pending in the Court
of learned Judicial Magistrate, Jodhpur District arising out of FIR
No.68/2007 registered at the Women Police Station, District Jodhpur
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 been residing happily with each other and there
remained no disputes between them 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 18.3.2017 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
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.207/2011 pending in the Court of
learned Judicial Magistrate, Jodhpur District arising out of FIR No.
68/2007 registered at the Women Police Station, District Jodhpur for
the offence under Section 498A of the I.P.C. are hereby quashed.
Stay petition is also disposed of.