CRLMP1942/2009 // 1 // IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR ORDER IN S.B. Cr. Misc. Petition No.1942/2009 Sabbir Ahmed, Umar and Smt. Asgari Vs. The State of Rajasthan and Smt. Haseena Allies Ghodi Date of Order ::: 03.11.2010 Present Hon'ble Mr. Justice Mohammad Rafiq Shri Pyare Lal, Counsel for petitioners Shri Sabbir Ahmed, Shri Umar and Smt. Asgari, petitioners, present-in-person Shri Peeyush Kumar, Public Prosecutor Shri Hanuman Choudhary, Counsel for complainant- respondent No.2 Smt. Haseena Smt. Haseena Allies Ghodi, respondent no.2, present-in-person #### By the Court:- This misc. petition has been filed by petitioners against order of learned trial court dated 22.08.2009 by which application submitted by accused-petitioners for deciding the matter in the light of compromise between the parties, has been rejected. Present case was initiated at the instance of complainant/respondent no.2 on the basis of complaint filed u/s.498A and 406 of IPC. Learned trial court declined the prayer because Section 498A is not compoundable. Shri Pyare Lal, learned counsel for petitioners, has submitted that in view of judgments 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, proceedings against petitioners for offence u/S.498A and 406 IPC in the court below may be quashed. Shri Peeyush Kumar, learned Public CRLMP1942/2009 // 2 // Prosecutor though opposed the petition, but was not in a position to dispute the factum of compromise between the parties. I have heard learned counsel for petitioners and learned Public Prosecutor for the State as well as learned counsel for complainant and perused material on record and judgments of 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 proceedings can be quashed by High Court if parties have come to an amicable settlement even though provisions are not compoundable and 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 of the case, having regard to compromise arrived at between parties and keeping in view law laid down by Apex Court in aforementioned authorities, the criminal proceedings pending against accused- petitioners u/S.498A and 406 IPC in the court below deserve to be quashed for securing ends of justice. In the result, this criminal misc. petition u/S.482 Cr.P.C. is allowed and criminal proceedings pending against petitioners in Criminal Case No.339/2003 in the Court of Judicial Magistrate, First Class, Nagar, District Bharatpur, for offence u/Ss.498A IPC and 406 IPC are hereby quashed. (Mohammad Rafiq) J. //Jaiman//