1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR. JUDGMENT Ikramuddin & Ors. Vs. State of Rajasthan & anr. SB CRIMINAL MISC. PETITION NO.2372/2009. Under Section 482 Cr.P.C. DATE OF ORDER: 19th July, 2010. PRESENT HON'BLE MR. JUSTICE S.P. PATHAK Mr. Gaurav Gupta for the petitioners. Mr. G.S. Fauzdar PP for the State. Mr. Dheeraj Tripathi for the respondent no.2. BY THE COURT:- By this petition under section 482 Cr.P.C., the petitioners have prayed to allow this criminal misc. petition and to quash the criminal proceedings in Criminal Case No.429/2009 (State Vs. Ikramuddin & Ors.) pending in the court of Additioinal Civil Judge (J.D.) & Judicial Magistrate (Junior Division) No.13, Jaipur city, Jaipur. For the disposal of the present petition the necessary facts are that respondent no.2 Jeba Jeenat filed a complaint in the court of Magistrate which was sent under section 156(3) Cr.P.C. to Mahila Thana (North), Jaipur and FIR No.61/2009 was registered against the petitioners for the offence under section 498A and 406 IPC. In the complaint allegations were of demand of dowry, harassment and cruelty. During the course of trial, an application 2 under section 320 Cr.P.C. was moved stating therein that the parties have comprimised the matter and compromise was also filed along with the application, therefore, the parties be allowed to compromise the case. The learned trial court rejected the application vide order dated 31.8.2009 finding the offences not compoundable under section 320 Cr.P.C. Feeling aggrieved with the order, this petition under section 482 Cr.P.C.has been filed. It has been contended by the learned counsel that several disputes arose between the parties have been settled outside the court and now the parties have decided to live independently. They have settled the matter between themselves and no useful purpose would be served in keeping the criminal proceedings alive as it would amount to abuse of the process of the court. The counsel for the complainant did not dispute the factual aspect and submitted that divorce has been granted and the parties have compromised the matter, therefore, she does not want to continue the criminal proceedings against the petitioners. In the case of Saleem & Ors. Vs. State of Rajasthan & Ors.- RLW 1998 (1) (Raj.) 202, it has been held that the court has inherent powers to quash the proceedings, though the offence is not compoundable. Inherent powers can be exercised to prevent the abuse of the process or otherwise to secure the ends of justice. Though the offence u/s 498A is not compoundable as per section 320 Cr.P.C., but the court is competent to quash the 3 proceedings in exercise of its inherent jurisdiction. In another case in Manoj Kumar Vs. State of Rajasthan- 1999 Cr.L.J. 10, this court quashed the proceedings under section 498-A IPC in view of the compromise between the parties exercising its powers under section 482 Cr.P.C. and proceedings of criminal case no.137/1997 under section 498A IPC pending in the court of Additional Chief Judicial Magistrate no.2, Jodhpur and the order of the learned District Judge, Jodhpur dated 12.6.1998 were quashed. In B.S. Joshi and others Vs. State of Haryana & anr.- 2003(1) WLC (SC) Cri. 579, it was held by the Apex Court as under: “We are, therefore, of the view that if for the purpose of securing the ends of justice, quashing of FIR becomes necessary, section 320 would not be a bar in exercise of the power of quashing. It is, however, a different matter depending upon the facts and circumstances of each case whether to exercise or not such a power.” After having considered the facts and circumstances of the case and also considering the law laid down by this court and the Hon'ble Apex Court that in such matters when the parties decide to live independently then even if the alleged offences in a circumstance may not be compoundable, section 320 Cr.P.C. would not be a bar in exercise of power of quashing criminal proceedings under section 482 Cr.P.C., therefore, I deem it proper for the purpose to secure ends of justice to quash the criminal proceedings pending before the trial court. 4 In the result, the petition is allowed and the proceedings pending in case no.429/2009 (State Vs. Ikramuddin and others) before the court of Additional Civil Judge (J.D.) and Judicial Magistrate (Junior Division) No.13, Jaipur city, Jaipur for the offence under sections 498A and 406 IPC are hereby quashed. (S.P. PATHAK,J) BBLM