Rajasthan High Court - Jodhpur
Prashant Vyas vs State & Anr on 19 August, 2016
Author: P.K. Lohra
Bench: P.K. Lohra
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
AT JODHPUR
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CRIMINAL MISC. (PET.) (CRLMP) NO.140 of 2016 PRASHANT VYAS V/S STATE & ANR.
Date of Order :: 19.08.2016 HON'BLE MR. P.K. LOHRA, J.
Mr.ARUN KUMAR, for the Petitioner.
Mr.V.S.RAJPUROHIT, Public Prosecutor for the State. Mr.B.S.SANDHU, for the Respondent-Complainant.
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Accused-petitioner has preferred this criminal misc. petition under Section 482 Cr.P.C. for quashing FIR No.113/2014 as well as criminal proceedings in criminal case No.2/2015 pending before the learned Additional Chief Judicial Magistrate, P.C.P.N.D.T. Cases, Jodhpur Metropolitan (for short, 'learned trial Court').
The main edifice of the prayer made in the petition is settlement of dispute between the petitioner and the complainant and arrival of compromise in the matter. The bare necessary facts for the purpose of this petition are that respondent-complainant lodged the impugned FIR against the petitioner and his other family members alleging offence under Sections 498A, 406, 323, 420, 467, 468, 315 IPC. After investigation in the matter, Police submitted charge-sheet against the petitioner for offence under Sections 498A, 406, 323, 420, 467, 468, 315 IPC.
Learned counsel for the petitioner and counsel for the complainant has submitted in unison that dispute between the parties has been resolved and it has been settled perpetually and therefore, now, complainant is not interested to pursue the matter against the accused-petitioner. Learned counsel for the complainant further submits that Family Court has already passed a decree for dissolution of marriage by mutual consent under Section 13B of the Hindu Marriage Act and requisite amount for permanent alimony has been settled as per the compromise and part of the amount has been paid and rest of the amount is to be paid after disposal of this petition.
In view of compromise between the parties, I feel persuaded to exercise inherent powers of this Court under Section 482 Cr.P.C. inasmuch as, powers under Section 482 Cr.P.C. are independent of Section 320 Cr.P.C. which envisaged certain offences as compoundable. The offence under Section 498A is not compoundable but then in view of settlement between the parties to have a peaceful life for both these spouses, it is a case wherein inherent powers can be exercised to quash further proceedings in criminal case No.2/2015 pending before the learned trial Court.
My this view is fortified by a judgment of Supreme Court in case of Gian Singh V/s. State of Punjab & Anr. [(2012) 10 SCC 303], wherein Supreme Court has observed:-
"In this category of cases, the High Court may quash the criminal proceedings if in its view, because of the compromise between the offender and the victim, the possibility of conviction is remote and bleak and continuation of the criminal case would put the accused to great oppression and prejudice and extreme injustice would be caused to him by not quashing the criminal case despite full and complete settlement and compromise with the victim. In other words, the High Court must consider whether it would be unfair or contrary to the interest of justice to continue with the criminal proceeding or continuation of the criminal proceeding would tantamount to abuse of process of law despite settlement and compromise between the victim and the wrongdoer and whether to secure the ends of justice, it is appropriate that the criminal case it put to an end and if the answer to the above question(s) is in the affirmative, the High Court shall be well within its jurisdiction to quash the criminal proceeding."
In this view of the matter, the instant misc. petition is allowed and further proceedings in criminal case No.2/2015 pending before learned trial Court is quashed and set aside. It is expected of the petitioner to pay the balance amount of permanent alimony in terms of compromise within a short duration.
( P.K. LOHRA ),J.
Bharti/3