1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT PRINCIPAL SEAT, JODHPUR O R D E R S.B. Criminal Misc. Petition No. 875/2009 S.B.Criminal Misc.Stay Application No.1310/2009 {Mahesh Parihar Versus State of Rajasthan} Date of Order :: 8th July, 2009 PRESENT HON'BLE SHRI JUSTICE NARENDRA KUMAR JAIN Shri Vishwajeet Joshi, Counsel for the petitioner Shri O.P. Singhaniya, PP for the State BY THE COURT: Heard learned counsel for the parties. 2. The petitioner has preferred this petition for quashing of proceedings of criminal case no. 100/2008 – State Versus Mahesh Parihar pending in the court of Additional Civil Judge and Judicial Magistrate (Jr. Division) No.2, Jodhpur on the ground that petitioner is facing trial for the offence under Section 498 A and 406 IPC; the matter arises out of matrimonial disputes; and the parties have entered into a compromise. 3. I have considered the submissions of learned counsel for the parties. 4. The petitioner has placed on record a certified copy of the application dated 14th May, 2009 duly signed by accused as well as 2 complainant and a certified copy of the order of the trial court dated 18th May, 2009, wherein compromise was attested and verified by the trial court, but proceedings were not quashed on the ground that both the offences are not compoundable. 5. The Hon'ble Supreme Court in the case of B.S. Joshi Versus State of Haryana - 2003 (4) SCC 675 has considered the similar controversy and held that the compromise in matrimonial disputes should be encouraged. Section 320 Cr.P.C. does not limit or affect the powers of the High Court under Section 482 Cr.P.C. The present case is fully covered by the judgment of the Hon'ble Apex Court in the case of B.S. Joshi (supra) and, in my view, the ends of justice will meet if proceedings pending against the petitioner for the above offences are quashed. 6. Consequently, the petition is allowed. The criminal proceedings pending before the trial court against the petitioner for the above offences are quashed. 7. A copy of this order be sent to the concerned court for information and compliance. 8. Since the misc. petition itself has been decided, therefore, the stay application, 3 filed therewith does not survive and the same also stands disposed of. (NARENDRA KUMAR JAIN), J. DK