Rajasthan High Court - Jaipur
Manish Kumar vs State Of Rajasthan And Anr on 6 July, 2011
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR SB Criminal Misc. Petition No.1597/2011 Manish Kumar Meena Vs. State of Rajasthan & another Date of order 6.7.2011 HON'BLE DR. MEENA V. GOMBER, J. Mr. Neeraj Sharma, for petitioner Mr. Piyush Kumar, Public Prosecutor for State
Mr. Vishwanath Sharma, for respondent This Criminal Misc. Petition under Section 482 of the Code of Criminal Procedure, has been filed by the petitioner for quashment of the criminal proceedings for the offence punishable under S.498A and 406 IPC in Criminal Case No.346/2010 which is pending before the Additional Civil Judge (Jr.Div.) & Metropolitan Magistrate No.26, Jaipur Metropolitan (Sanganer), on the basis of compromise arrived at between the petitioner (husband) and non petitioner (wife).
Brief facts giving rise to this criminal misc. petition are that non petitioner no.2 (wife) had lodged a private complaint under Section 498A and 406 IPC whereupon FIR no.272/2009 was registered at Police Station Sanganer Sadar, Jaipur for the offence punishable under Sections 498A and 406 IPC and after investigation police filed charge sheet before the court concerned.
During pendency of the case, the petitioner (husband) and non petitioner (wife) arrived at a compromise with their free consent and accordingly the non petitioner wife decided not to pursue the said case.
Compromise was filed before the Additional Civil Judge (Jr.Div.) & Metropolitan Magistrate No.26, Jaipur Metropolitan (Sanganer), who refused to attest the same on the ground that the offences were not compoundable.
Heard learned counsel for the parties.
The complainant respondent no.2 (wife) has filed an application with the prayer to quash the proceedings in the criminal case on the ground that the parties have amicably settled their disputes and have arrived at a compromise in the matter. Fresh compromise has been filed before this court duly signed by both the parties and identified by their respective counsel. The terms of compromise which were read over, were understood by putting their signatures in the presence of their respective counsel.
Having heard learned counsel for the parties and taking into consideration all the facts and circumstances of the case keeping in view the decision rendered in B.S. Joshi & others v. State of Haryana & another, 2003 III AD (S.C.), where the Apex Court granted leave in a matter dealing with High Court's power under Section 482 Cr.P.C. to quash FIR or criminal proceedings notwithstanding the offence being non compoundable when both the parties wish to settle matrimonial dispute through a compromise arrived at between them, the impugned order passed by the Additional Civil Judge (Jr.Div.) & Metropolitan Magistrate No.26, Jaipur Metropolitan (Sanganer), in Criminal Case No.No.346/2010 is hereby set aside and the criminal proceedings arising out of FIR No.272/2009 registered at Police Station Sanganer Sadar, Jaipur, are hereby quashed.
(Dr. Meena V. Gomber) J.
db [All corrections made in the judgment/order have been incorporated in the judgment/order being emailed.] Deepankar Bhattacharya PS