2006 Supreme(Raj) 2904
RAJASTHAN HIGH COURT AT JAIPUR BENCH
Harbans Lal, J.
Lalita Soni - Appellant
Versus
Vijay Kumar and Anr. - Respondent
S.B. Criminal Misc. Petition No. 864.
Decided On : 5-05-2006
Advocates:
For the Complainant-petitioner:Bharat Yadav, Advocate.
For the State: Arun Sharma, P.P.
For the Respondent No. 1:D.S. Poonia, Advocate.
For the Petitioner-wife present in person:Lalita Soni, Advocate.
For the Respondent No. 1 husband present in person:Vijay Kumar, Advocate.
The court can quash criminal proceedings in view of a compromise between the parties, exercising its inherent powers under Section 482 Cr.P.C., as established in the precedent of B.S. Joshi & Ors. v. State of Haryana.
Headnote:
Inherent Powers - Quashing Criminal Proceedings - Compromise between Parties
Fact of the Case:
The petitioner filed a petition to quash criminal proceedings for offences under Sections 498-A and 406 I.P.C. initiated by the wife against the husband. The husband had also filed a divorce petition, and both parties sought to drop the criminal proceedings.
Finding of the Court:
The court found that a compromise had been reached between the parties and, in light of the precedent set in B.S. Joshi & Ors. v. State of Haryana, the criminal proceedings deserved to be quashed to secure the ends of justice.
Issues: The main issue was whether the criminal proceedings should be quashed in view of the compromise between the parties.
Ratio Decidendi: The court relied on the precedent in B.S. Joshi & Ors. v. State of Haryana, which established that the High Court, in exercise of its inherent powers, can quash criminal proceedings or F.I.R. or complaint, and Section 320 Cr.P.C. does not limit or affect the powers under Section 482 Cr.P.C.
Final Decision: The criminal misc. petition was allowed, and the criminal proceedings for offences under Sections 498-A and 406 I.P.C. were quashed.
JUDGMENT
1. - This criminal misc. petition under Section 482 Cr.P.C. has been filed for quashing the criminal proceedings pending in the court of Munsiff and Judicial Magistrate, Jaipur City, Jaipur in Cr. Case No. 104/1999 for offences under Sections 498-A and 406 I.P.C.
2. The above said criminal case was instituted by the petitioner (wife) against non-petitioner No.1 (husband) in the aforesaid trial court for offences under Sections 498-A and 406 I.PC. and challan has been filed against non-petitioner No. 1.
3. Thereafter, non-petitioner No. 1 (husband) Vijay Kumar filed a Divorce Petition in Family Court No.1, Jaipur against petitioner Smt. Lalita Soni (wife). In the trial court, an application under Section 320 I.P.C. was preferred from and on behalf of both husband and wife for dropping the criminal proceedings but the same was rejected vide order dated 20.4.2006. Hence, this misc. petition.
4. Learned counsel for the parties have jointly submitted that in view of the compromise having been arrived at between the parties, the criminal case pending before the trial court may be quashed so that there may not be any more bitterness between them and they may live their life peacefully. They have submitted on the strength of the case in B.S. Joshi & Ors. v. State of Haryana and another: (2003 RCC (SC) 400) that the High Court in exercise of its inherent powers can quash criminal proceedings or F.I.R. or complaint and Section 320 Cr.P.C. does not limit or affect the powers under Section 482 Cr.P.C.
5. Keeping in view the law laid down by their Lordships of the Hon'ble Apex Court in the aforementioned authority and considering the facts and circumstances of the present case, the criminal proceedings pending in the Court of Munsiff and Judicial Magistrate, Jaipur City, Jaipur in Cr. Case No. 104/1999 for offences under Sections 498-A and 406 I.P.C. deserves to be quashed for securing the ends of justice.
6. In the result, this criminal misc. petition is allowed and Cr. Case No. 104/1999 pending in the Court of Munsiff and Judicial Magistrate, Jaipur City, Jaipur for offences under Sections 498-A and 406 I.P.C. is hereby quashed.Petition allowed.
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