Cr Msc 2062/07 //1// In the High Court of Judicature for Rajasthan Jaipur Bench ** Cr. Msc. Petition No.2062/2007 Mohd. Yamin alias Raju & (3) Ors. Versus State & Smt. Farjana Bano Date of Order ::: 16/01/08 Hon'ble Mr. Justice Ajay Rastogi Mr. S.R.Choudhary for Mr. SR Surana, for petitioners Mr. Khurshid ) Mr. JR Tantia ), for respondent No.2 Mr. Arun Sharma, Public Prosecutor Instant petition U/s 482, CrPC has been filed for quashing of FIR-78/2006 lodged at PS Mahila (South) Gandhinagar (Jaipur) for offences U/Ss 498- A/406, IPC, for which petitioners are facing trial in Cr.Case-263/06 before Judl. Mag. No.12, Jaipur City despite compromise being arrived at between the parties on 20/07/07. Complainant (Farjana Bano) and petitioner NO.1 (Mohd. Yamin) had filed joint application (Ex.1) whereby the spouse mutually agreed inter-alia that in the complaint filed by her pending trial for offences U/Ss 498-A, & 406, IPC, she will file separate application to withdraw criminal complaint with a view to discontinue proceedings pending against petitioners before trial Magistrate on the premise Cr Msc 2062/07 //2// that compromise has been arrived at between them in pursuance whereof, joint application (Ex.1) was filed on 23/07/07 before trial Magistrate with a request not to prosecute criminal proceedings any further, and similar compromise dt.20/07/07 was also filed before Court of Revision but the same was returned back to the parties which has been filed before this Court. Hence instant petition. Parties (spouse) duly represented by their counsel, are present in person today and both have jointly particularly complainant requested that they have settled their disputes and having divorced each others are living separately upon having voluntarily settled their matrimonial dispute; as such she does not want to pursue criminal proceedings any further and in support, joint application cum compromise duly supported by their affidavits & attested by their counsel, has also been filed before this Court today. Counsel further placed reliance upon the decision of Apex Court in B.S.Joshi Vs. State of Haryana (AIR 2003 SC 1386), wherein it has been observed that in cases where compromise has been arrived at among spouse, matrimonial litigation should not be encouraged and High Court should exercise inherent powers U/s 482, CrPC. Apex Court observed as infra: Cr Msc 2062/07 //3// “The hyper technical view would be counter productive and would act against interests of women and against the object for which this provision was added. There is every likelihood that non-exercise of inherent power to quash the proceedings to meet the ends of justice would prevent women from settling earlier. That is not the object of Chapter XX-A of Indian Penal Code.” Even in either circumstances, as well, Apex Court in Ruchi Agawal Vs. Amit Agrawal (2005(3) SCC 299), observed ad infra: “Therefore, we of the opinion that the appellant having received the relief she wanted without contest on the basis of terms of the compromise, we cannot now accept the argument of the learned counsel for the appellant. In our opinion, the conduct of the appellant indicates that the criminal complaint from which this appeal arises was filed by the wife only to harass the respondents.” In matrimonial litigations arising out of family disputes, once the parties have arrived at amicable settlement and compromise, it is otherwise not in the interest of parties to prosecute the matter any further otherwise it may result in bitterness among their relations, which can never be legislative intent. Cr Msc 2062/07 //4// Thus viewed, in light of statement made by Counsel representing their respective parties on having agreed to by virtue of compromise produced before the Family Court, this Court is of the opinion that no purpose will be served to proceed further in the trial. Consequently, misc. petition is allowed. In view of compromise arrived at between petitioners & respondent No.2, their prayer is allowed and the proceedings pending before Judl. Mag. No.12, Jaipur City against petitioners in Cr.Case-263/06 arising out of FIR-78/2006 lodged at PS Mahila (south) Jaipur for offences U/Ss 498-A, & 406, IPC, are hereby quashed & set aside. A copy of this order be sent to the trial Court for necessary compliance. (Ajay Rastogi), J. K.Khatri/p.4/2062CrMscP07mtrcmpr.doc)