[1] IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR O R D E R S.B. CRIMINAL MISC. PETITION NO. 255/2008 SMT. RAJNI SHARMA Vs. STATE OF RAJASTHAN & ANR. Date: 18.02.2008. HON'BLE MR. JUSTICE K.S. RATHORE Mr. Surendra Sharma for the complainant-petitioner. Mr. Arun Sharma, Public Prosecutor for the State. Mr. N.S. Shekhawat for the accused-respondent No.2. **** The present criminal misc. petition under Section 482 Cr.P.C. is filed by the complainant- petitioner Smt. Rajni Sharma, wife of accused-respondent No.2 Nalin Sharma against the order dated 18.01.2008 passed by the Additional Civil Judge (Jr. Division) & Judicial Magistrate No.3, North Kota in Criminal Case No. 7/2008, whereby the Court below declined to attest the compromise submitted by both the parties i.e. the complainant-petitioner and the accused-respondent for the offence under Sections 498-A and 406 IPC. Both the parties have submitted the compromise before the trial Court for the offences under Sections 498-A, 406 and 323 IPC with the prayer to attest the same and to drop the criminal proceedings pending against the accused-respondent, but the trial Court vide [2] its order impugned dated 18.01.2008 while attesting the compromise for the offence under Section 323 IPC, refused to attest the compromise so far as offences under Sections 498-A and 406 IPC are concerned as these offences are not compoundable. Learned counsel for the complainant-petitioner as well as learned counsel for the accused-respondent No.2 verified this fact that compromise has been arrived at between the parties and the complainant-petitioner do not want to continue with further criminal proceedings against the accused-respondent for the offence under Sections 498-A and 406 IPC as they have amicably settled the dispute and now there is no dispute between the parties. Learned counsel for the respective parties also 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 [3] proceedings initiated by her 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 against the accused-respondent as the complainant- petitioner herself do not want to pursue her complaint. Consequently, the present criminal misc. petition is allowed. The complaint, further criminal proceedings against the accused-respondent under Sections 498-A and 406 IPC in Criminal Case No. 7/2008 pending before the trial Court and the order impugned dated 18.01.2008 passed by the Additional Civil Judge (Jr. Division) & Judicial Magistrate No.3, North Kota are hereby quashed and set-aside. (K.S. RATHORE)J. /KKC/ [4] S.B. CRIMINAL MISC. STAY APPLICATION NO. 150/2008 IN S.B. CRIMINAL MISC. PETITION NO. 255/2008 SMT. RAJNI SHARMA Vs. STATE OF RAJASTHAN & ANR. Date: 18.02.2008. HON'BLE MR. JUSTICE K.S. RATHORE Mr. Surendra Sharma for the complainant-petitioner. Mr. Arun Sharma, Public Prosecutor for the State. Mr. N.S. Shekhawat for the accused-respondent No.2. **** As the criminal misc. petition has been allowed today, the stay application also stands disposed of. (K.S. RATHORE)J. /KKC/