[1] IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR O R D E R S.B. CRIMINAL MISC. PETITION NO. 1266/2007 RAJESH GUPTA & ANR. Vs. STATE OF RAJASTHAN & ANR. Date: 13.02.2008. HON'BLE MR. JUSTICE K.S. RATHORE Mr. Vikrant Gupta for the petitioners. Mr. Arun Sharma, Public Prosecutor for the State. **** The present criminal misc. petition under Section 482 Cr.P.C. is directed in the matter of FIR No. 155/2005 dated 02.05.2005 lodged at Police Station Shipra Path, Mansarovar, Jaipur and in criminal case No. 418/2005 pending before the Court of Additional Civil Judge (Jr. Division) & Judicial Magistrate No. 16, Jaipur City, Jaipur for the offences under Sections 406 and 498-A IPC and for quashing the FIR in question and the criminal proceedings pending against the petitioners. Brief facts of the case are that the petitioner No.1 Rajesh Gupta and complainant- respondent No.2 Upasana Gupta were married as per Hindu law and rites on 08.12.2004 at Mansarovar, Jaipur. The petitioner No.2 is the mother of petitioner No.1. A complaint was lodged by the [2] respondent No.2, wife of the petitioner No.1 in the Court of Additional Civil Judge (Jr. Division) & Judicial Magistrate No.14, Jaipur City, Jaipur for the offencs under Sections 498-A and 406 IPC. On the basis of the said complaint, FIR No. 155/2005 was lodged at Police Station Shipra Path, Mansarovar, Jaipur against the petitioners for the offences under Section 498-A and 406 IPC. The compromise was entered between the parties on 31.10.2006. As per the compromise entered between the petitioner No.1 and respondent No.2, they agreed that matrimonial proceedings pending between them in the Family Court No.2, Jaipur should be withdrawn. In terms of the compromise, it was also decided that the application filed by the petitioner No.1 before the Family Court under Section 9 of the Hindu Marriage Act, 1955 should also be withdrawn. It was further agreed that the application filed by the respondent No.2 under Section 13 of the Hindu Marriage Act should be withdrawn. It was also agreed that both the parties will mutually file an application under Section 13-B of the Hindu Marriage Act for dissolution of their marriage by mutual consent. Thereafter an application was filed by the complainant-respondent No.2 along with the compromise [3] supported by an affidavit of the complainant in the Court of Judicial Magistrate No.16, Jaipur City, Jaipur for withdrawal of the criminal case under Section 498-A and 406 IPC, but the trial Court proceeded to discharge the petitioners from the offence under Section 406 IPC in view of the compromise arrived at between the parties. However, the compromise so far as the offence under Section 498-A IPC is concerned, could not be executed and attested by the trial Court as the offence under Section 498-A IPC is not compoundable as per the provisions of Section 320 Cr.P.C., against which this misc. petition has been preferred by the petitioners. Learned counsel for the petitioners has placed reliance on the judgment rendered by the Hon'ble Supreme Court in the case of B.S. Joshi and others Vs. State of Haryana and another, AIR 2003 SC 1386, wherein the Hon'ble Supreme Court has observed that Section 498-A is enacted to prevent torture to woman by her husband or his relatives- Proceedings initiated by wife under Section 498-A against her husband and his relatives- Subsequently she settled her disputes with husband and his relations- Wife and husband agreed for mutual divorce- Application filed by wife for quashing proceedings initiated by her [4] against husband and his relatives- Refusal to exercise inherent powers by High Court- Not proper as it would prevent women from settling earlier and that is not the object of Chapter XXA of Penal Code. Having heard rival submissions of the respective parties and upon careful perusal of the judgment rendered by the Hon'ble Supreme Court in the case of B.S. Joshi and others (supra) and looking to the facts and circumstances of the case, it will be futile exercise to continue with the criminal proceedings as the complainant-respondent No.2 herself does not want to pursue her complaint. Consequently, the present criminal misc. petition is allowed. The complaint, further criminal proceedings under Section 498-A IPC in Criminal Case No. 418/2005 pending before the Court of Additional Civil Judge (Jr. Division) & Judicial Magistrate No.16, Jaipur City, Jaipur and FIR No. 155/2005 registered at Police Station Shipra Path, Mansarovar, Jaipur are hereby quashed and set-aside. Record be sent back. (K.S. RATHORE)J. /KKC/ [5]