CRLMP718/2010 // 1 // IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR ORDER IN S.B. Cr. Misc. Petition No.718/2010 Hameed Son of Muneer Vs. State of Rajasthan and Another Date of Order ::: 01.11.2010 Present Hon'ble Mr. Justice Mohammad Rafiq Shri Jitendra Pandey, Counsel for petitioner Shri Hameed, Petitioner, present in person Shri N.R. Saran, Public Prosecutor Shri Anil Jain, Counsel for complainant-respondent Smt. Afsana, respondent no.2, present in person #### By the Court:- This petition under Section 482 Cr.P.C. seeks quashing of criminal proceedings against accused-petitioner for offence u/S.498A in Criminal Case No.337 pending in Court of learned Additional Chief Judicial Magistrate Gangapurcity, in view of compromise between the parties. Respondent No.2 is wife of petitioner. She lodged FIR bearing FIR No.323/2007 at Police Station Gangapurcity, against petitioners for offence u/Ss.498A and 406 IPC. After investigation, police submitted charge-sheet before trial court, which is pending for consideration. Now, both the parties have entered into a compromise and have been living together. On the basis of compromise, both the parties i.e. husband and wife filed an application on 01.04.2010 before trial court for dropping the proceedings in the CRLMP718/2010 // 2 // case. Said application has been dismissed by learned trial court on 01.04.2010 itself. Therefore, inherent jurisdiction of this Court has been invoked by way of this petition under Section 482 Cr.P.C. Petitioner husband and respondent wife have been identified by their respective counsel. It is contended by learned counsel for petitioner that in view of judgment of Hon'ble Apex Court in Manoj Sharma Vs. State and others : (2008) 16 SCC 1, B.S. Joshi & Ors. Vs. State of Haryana and another- (2003) 4 SCC 675 = 2003 RCC (SC) 400, proceedings against petitioner for offence under Section 498A IPC in the court below may be quashed. I have heard learned counsel for petitioner as well as learned Public Prosecutor for the State and perused material on record and the judgments of Hon'ble Apex Court in Manoj Sharma supra and B.S. Joshi supra. Hon'ble Apex Court held in Manoj Sharma supra and B.S. Joshi supra that the proceedings can be quashed by the High Court if the parties have come to an amicable settlement even though the provisions are not compoundable and the High Court in exercise of its inherent powers can quash criminal proceedings/F.I.R./complaint and Section 320 Cr.P.C. does not affect or limit the inherent powers vested in this Court under Section 482 Cr.P.C. Thus, considering facts and circumstances CRLMP718/2010 // 3 // of the case, having regard to compromise arrived at between the parties and petitioner husband and respondent wife appeared in person and attested the compromise and keeping in view the law laid down by the Hon'ble Apex Court in aforementioned authorities, the criminal proceedings pending against the accused-petitioner under Section 498A and 406 IPC in the court below deserve to be quashed for securing the ends of justice. In the result, this criminal misc. petition under Section 482 Cr.P.C. is allowed and criminal proceedings pending against the petitioner in Criminal Case No.337/2007 pending in the Court of learned Additional Chief Judicial Magistrate Gangapurcity, for offence under Sections 406 and 498A IPC are hereby quashed. (Mohammad Rafiq) J. //Jaiman//