[1] IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR O R D E R S.B. CRIMINAL MISC. PETITION NO. 221/2008 NABI KHAN & ANR. Vs. STATE OF RAJASTHAN Date: 08.02.2008. HON'BLE MR. JUSTICE K.S. RATHORE Mr. D.K. Bhardwaj for the petitioners. Mr. Jagdish Lamba, Public Prosecutor for the State. **** The present criminal misc. petition under Section 482 Cr.P.C. is joined filed by the petitioners Nabi Khan and Subhani who are husband and wife against the order dated 17.12.2007 passed by the Additional Sessions Judge (Fast Track) No.2, Alwar in Appeal No. 9/2005, by which the Court below has rejected the application of the petitioners for compounding the offence and acquitting the petitioner No.1 Nabi Khan, who is husband of petitioner No.2 Subhani, from the offence under Sections 498-A and 406 IPC. 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 Sessions Judge (Fast Track) No.2, Alwar but vide order impugned dated 17.12.2007, the compromise which was submitted by the parties, was not attested [2] by the Court below observing that the offence under Section 498-A and 406 IPC are not compoundable and dismissed the application filed by the petitioner for compounding the offences. 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 [3] futile exercise to continue with the criminal proceedings as the petitioner No.2 Subhani, who is wife of petitioner No.1 Nabi Khan, is not interested in pursuing the criminal proceedings against the petitioner No.1. Consequently, the present criminal misc. petition is allowed. The complaint, the order impugned dated 17.12.2007 passed by the Additional Sessions Judge (Fast Track) No.2 Alwar and further criminal proceedings against the petitioner No.1 Nabi Khan under Sections 498-A and 406 IPC in Criminal Appeal No. 9/2005 pending before the Additional Sessions Judge (Fast Track) No.2, Alwar are hereby quashed and set-aside. (K.S. RATHORE)J. /KKC/ [4]