1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. CR.MISC.PETITION NO.1731/2010 Binoy K.S. Vs. State Date of order : 2/11/2010. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri Anurag Kulshrestha for the petitioner. Shri Peeyush Kumar, P.P. for the State. Shri D.D. Khandelwal for the complainant. ****** This petition has been filed by the petitioner Binoy K.S., who is husband of respondent no.2 Smt. Jyoti Chacko. In the petition, a prayer has been made that the proceedings initiated against him in Criminal Case No.532/2008 in the Court of Additional Chief Judicial Magistrate No.3, Jaipur City, Jaipur be quashed and set aside. It is contended that the petitioner and the respondent no.2 compromised the dispute and has applied for divorce by way of consent in the Court and that as per the compromise, the petitioner has paid to the respondent-wife an amount of Rs.9,00,000/- as permanent alimony by various demand drafts, particulars of which are given in para 5 of the petition. The compromise deed was produced before the trial court which Court however has compounded the offence u/s. 406 of IPC, but considered that the offence u/s.498A is not compoundable and did not attest the compromise in that regard. 2 It is contended by the learned counsel for petitioner that in view of the 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, the proceedings against the petitioner for offence u/S.498A IPC in the court below may be quashed. Shri D.D. Khandelwal, learned counsel for the respondent does not dispute the aforesaid factual contents and also the fact that the matter has been compromised. I have heard learned counsel for petitioners as well as learned Public Prosecutor for the State and perused the 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 the facts and circumstances of the case, having regard to 3 the compromise arrived at between the parties and keeping in view the law laid down by the Hon'ble Apex Court in the aforementioned authorities, the criminal proceedings pending against the accused- petitioner u/S.498A IPC in the court below deserve to be quashed for securing the ends of justice. In the result, this criminal misc. petition u/S.482 Cr.P.C. is allowed and the criminal proceedings pending against the petitioner in Criminal Case No.532/2008 titled State Vs. Binoy K.S. pending in the Court of learned Additional Chief Judicial Magistrate No.3, Jaipur City, Jaipur for offence u/S.498A IPC are hereby quashed. (MOHAMMAD RAFIQ), J. RS/-