// 1 // IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT PRINCIPAL SEAT, JODHPUR ORDER In S.B. Criminal Misc. Petition No.727/2009 {Mukesh Kumar Vs. The State of Rajasthan and Another) Date of Order :: 6th July, 2009 PRESENT HON'BLE SHRI JUSTICE NARENDRA KUMAR JAIN Shri M.K. Garg, Counsel for the petitioner Shri O.P. Singhria, PP for the State Dr. Vishnu Dayal Sharma, Counsel for complainant/non-petitioner No.2 #### By the Court: Heard learned counsel for the parties. Briefly stated the facts of the case are that complainant/non-petitioner No.2 Smt. Sonu alias Sonia filed a complaint in the trial court against the accused-petitioner, which was sent for investigation under Section 156 (3) of the Code of Criminal Procedure (for short, 'CrPC') and, after completion of investigation, a challan was filed against the petitioner for the offence under Sections 498-A and 406, IPC. During the pendency of the case, the parties entered into a compromise and an application was filed on their behalf in the trial court for attestation of compromise as // 2 // well as for quashing of the proceedings pending in the trial court; the trial court rejected the application on the ground that both the offence are not compoundable. The certified copy of the application duly signed by both the parties and the impugned order passed by the trial court have been placed on the record. The learned counsel for both the parties admit that the present case pertains to matrimonial dispute and in similar circumstances the Hon'ble Supreme Court in B.S. Joshi & Others Vs. State of Haryana & Another – 2003 SCC ( Cri. ) 848 , observed that in such case the High Court, in exercise of its inherent powers, can quash criminal proceedings or FIR or complaint and Section 320 of the CrPC does not limit or affect the powers under Section 482 of the CrPC. After considering all the facts and circumstances of the case, I am satisfied that the present case is fully covered by the judgment of the Hon'ble Supreme Court in B.S. Joshi's case (Supra). Consequently, this petition is allowed. The proceedings of the criminal case No.120/2004 pending in the Court of Civil Judge (Junior Division) & Judicial Magistrate No.1, Sujangarh (Churu), are quashed . A copy of this // 3 // order may be sent to the trial court. (NARENDRA KUMAR JAIN), J. //Jaiman//