SBCRLMP No.1946/10. 1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR. O R D E R S.B. CR.MISC.PETITION NO.1946/2010. Anil Jain & Ors. Vs. Smt.Rashmi Jain & Anr. Date of order : 27/10/2010. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ J Shri Vijay Gupta for petitioners. Shri Peeyush Kumar, Public Prosecutor for State. Shri Anil Jain, petitioner No.1 present in person. ****** BY THE COURT:- The instant petition under Section 482 Cr.P.C. seeks quashing of the criminal proceedings against accused-petitioners for offence u/S.498A in Criminal Case No.1945/2003 titled State Vs. Anil Jain & Ors. pending in the Court of learned Additional Chief Judicial Magistrate No.12, Jaipur City, Jaipur in view of the compromise between the parties. Respondent No.1 is wife of petitioner No.1. She lodged FIR bearing FIR No.13/2003 at Police Station Mahila Thana, Gandhi Nagar, Jaipur City, Jaipur against petitioners for offence u/Ss.498A, 406 and 323 IPC. After investigation, SBCRLMP No.1946/10. 2 police submitted charge-sheet before the trial court and after usual investigation, police file negative final report against all the petitioners in the trial court. Respondent No.1 filed protest petition in the court on which, learned court below took cognizance against petitioners No.2 to 5 for offence u/Ss.498A and 406 IPC. They challenged it before the revisional court, which partly allowed the revision and discharged them from the alleged offences. In compliance thereof, learned trial court framed charges against all the petitioners for offence u/S.323/34 IPC. Respondent No.1 thereafter filed application u/S.13 of the Hindu Marriage Act, 1955 for decree of divorce before Family Court No.2, Jaipur which was allowed against petitioner No.1. Now, by Agreement to Resolve the Dispute being executed on 20/5/2009 (Ann.1), compromise arrived at between petitioner No.1 (husband) and respondent No.1 (wife) and accordingly they jointly submitted an application for permitting them to compromise the case. Though, the learned court below accepted the application attesting compromise for offence u/Ss.406 and 323/34 IPC but declined joint prayer of petitioner No.1 and SBCRLMP No.1946/10. 3 respondent No.1 for compounding the offence u/S.498A IPC. Therefore, the inherent jurisdiction of this Court has been invoked by way of this petition u/S.482 Cr.P.C. It is contended by the learned counsel for petitioners 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. 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 SBCRLMP No.1946/10. 4 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 the compromise arrived at between the parties and petitioner No.1 appeared in person and attested the compromise 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- petitioners 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 petitioners in Criminal Case No.1945/2003 titled State Vs. Anil Jain & Ors. pending in the Court of learned Additional Chief Judicial Magistrate No.12, Jaipur City, Jaipur for offence u/S.498A IPC are hereby quashed. (MOHAMMAD RAFIQ), J. anil