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2012 Supreme(Raj) 1348

RAJASTHAN HIGH COURT
R.S.Chauhan, J.
Sunder & Anr. - Appellant
Versus
The State of Rajasthan & Anr. - Respondent
S.B. Criminal Misc. Petition No. 832 of 2008.
Decided On : 17-02-2012

For the Petitioners:Ravi Panwar and Rajesh Panwar, Advocates.
For the State: Mahipal Bishnoi PP.
For the Respondents:Rakesh Arora, Advocate.

Headnote:Criminal Procedure Code, 1973 – S. 482 – Proceedings quashed – It has been found that the wife of the deceased do not want to come to the court and there is compromise which has been reached between the parties – There is no reason why the proceedings should not be set aside – Where the petition is filed to compound the offence U/S 498A, 406 and 323 the petition is permitted.

JUDGMENT

1. - An application, S.B. Criminal Misc. Application No.599/2012, has been filed for compounding the offences under Sections 498A, 406, 323 IPC on the ground that the parties have entered into a compromise. Compromise has also been submitted before this court which has been attested by the Deputy Registrar (Judl.). This court had also directed the Deputy Registrar (Judl.) to record the statement of Smt. Sheetal W/o late Rajendra. The said statement has been produced before this Court. The same shall form part of the record. Smt. Sheetal has also been identified by her counsel. This court asked Smt.2 Sheetal whether she wished to pursue the criminal case registered against the petitioners. She states that she has no desire to pursue the case.

2. Considering the fact a matrimonial dispute has arisen between Sheetal and her in-laws, considering the fact that she had filed a FIR against her husband, Rajendra, who has already expired, considering the fact that the parties have already entered into a compromise and relying upon the case of B.S. Joshi v. State of Haryana, (2003) 4 SCC 675 , no fruitful purpose would be served by continuing the trial.

3. The application, S.B. Criminal Misc. Application No.599/2012, is, hereby, allowed.

4. Therefore, in the interest of justice, the offences under Sections 498A, 406 and 323 IPC are, hereby compounded. The criminal trial pending in Original Criminal Case No.24/2005 pending before the Judicial Magistrate, Sirohi is, hereby quashed and set aside. The accused-respondent are, hereby, discharged from the said offences.

5. The petition is, hereby, allowed.Petition Allowed.

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