[1] IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR O R D E R S.B. CRIMINAL MISC. PETITION NO. 1698/2007 MUNESH KANWAR & ORS. Vs. STATE OF RAJASTHAN Date: 07.02.2008. HON'BLE MR. JUSTICE K.S. RATHORE Mr. S.K. Sindogiya for the petitioners. Mr. Arun Sharma, Public Prosecutor for the State. **** The present criminal misc. petition under Section 482 Cr.P.C. is jointly filed by the complainant-petitioner and the accused-petitioners for quashing the proceedings under Section 498-A IPC in Criminal Case No. 217/2005 arising out of FIR No. 32/2005 registered at Mahila Police Station (South), Jaipur, pending before the Additional Civil Judge (Jr. Division) No.12, Jaipur City, Jaipur in lieu of the compromise arrived at between the parties. The quashment of criminal proceedings was asked for in view of the compromise executed between the parties and the same was placed before the Additional Civil Judge (Jr. Division) No.12, Jaipur City, Jaipur but vide order impugned dated 21.04.2007, the Court below refused to compound the offence and quash the criminal proceedings pending against the [2] accused-petitioners Nos. 2 to 5 for the offence under Section 498-A IPC as the offence under Sections 498-A IPC is not compoundable. Learned counsel for the petitioners 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 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 [3] proceedings as the complainant herself does not want to pursue her complaint. Consequently, the present criminal misc. petition is allowed. The complaint and further criminal proceedings under Section 498-A IPC in Criminal Case No. 217/2005 pending before the Court of Judicial Magistrate No.12, Jaipur City, Jaipur are hereby quashed and set-aside. (K.S. RATHORE)J. /KKC/ [4] S.B. CRIMINAL MISC. STAY APPLICATION NO. 246/2007 IN S.B. CRIMINAL MISC. PETITION NO. 1698/2007 MUNESH KANWAR & ORS. Vs. STATE OF RAJASTHAN Date: 07.02.2008. HON'BLE MR. JUSTICE K.S. RATHORE Mr. S.K. Sindogiya for the petitioners. Mr. Arun Sharma, Public Prosecutor for the State. **** As the criminal misc. petition has been allowed today, the stay application also stands disposed of. (K.S. RATHORE)J. /KKC/