IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR. ORDER S.B. CRIMINAL MISC. PETITION NO.1899/2007 Ram Karan & Anr. Vs. State of Rajasthan & Anr. 21.01.2008. HON'BLE MR. JUSTICE DALIP SINGH Shri Rajesh Goswami, for the petitioners. Shri Arun Sharma, Public Prosecutor. This is a petition under Section 482 Cr.P.C. by the accused husband and the father in law who have filed this petition for quashing the proceedings in case No.22/2005 before the court of ACJM No.11, Jaipur city, Jaipur where the petitioners are facing trial under Section 498-A and 323, IPC. During the pendency of the trial the petitioners as well the non petitioner No.2 Smt. Kirti filed an application before the learned Magistrate wherein the parties expressed the desire that in view of the compromise arrived at and filed by way of an application in the aforesaid case the proceedings against the accused petitioner be quashed. The said compromise application was filed on 26.9.2007 by both the parties the wife and the husband before the trial court by appearing in person. The learned Magistrate having gone through the same and after hearing the parties passed an order under Section 320 Cr.P.C. for quashing the proceedings against the petitioner under Section 323 IPC and and since offence under Section 498-A IPC was not compoundable has declined the prayer in respect of the same. Hence this petition under Section 482 Cr.P.C.for quashing the proceedings in respect of the offence under Section 498A IPC also. The submission of the learned counsel for the parties jointly is that the parties, the husband and who is petitioner No.2 and the non-petitioner No.2 wife have jointly filed a petition under Section 13-B of the Hindu Marriage Act for dissolution of the marriage before the learned Family Court No.2, Jaipur city, Jaipur. In the said application the parties have expressed jointly that they do not wish to carry on with their relationship as husband and wife and have prayed for joint decree for dissolution of marriage by mutual consent. It has also been stated in the said application that the amount by way of permanent alimony in the form of two Bankers cheques have been annexed with the said application filed in the court and which shall be paid on the passing of the decree by the learned Family Court for divorce by mutual consent. In the said application on page 3 it has been agreed by the parties that before decree for dissolution of the marriage be passed, the parties would approach the court for quashing of the proceedings in case No.22/2005 and awarding maintenance under Section 125 Cr.P.C. as well as for quashing of the criminal case No.22/2005 arising out of FIR No.702/2004 pending before the court of ACJM No.11, Jaipur city, Jaipur for the offence under Section 498-A I.P.C. The parties are present in court and have been identified by the respective counsels and the parties have re-iterated that prayer for quashing of the proceedings in criminal case No.22/2005 for the offence under Section 498A as the proceedings under Section 323 IPC have already been compounded so as to facilitate the passing of the decree for divorce by mutual consent under Section 13-B in terms of the agreed arrangements to enable the parties to live separately and happily. Having heard learned counsel for the parties as well as the parties themselves I deem it just and proper keeping in view of princiles laid down by the Hon'ble Supreme Court in the case of B.S. Joshi Vs. State of Haryana to quash the proceedings in the case No.22/2005 for the offence under Section 498-A and 323 IPC pending against the accused petitioner before the learned trial court. The said proceedings are quashed and the case consigned to record. This petition accordingly stands allowed. The stay petition stands disposed of. (DALIP SINGH),J. Ramchandrkhatri,PS