2005 Supreme(Raj) 2902
HARBANS LAL
Pushpa Geryani – Appellant
Versus
State of Rajasthan – Respondent
Advocates:
For the Petitioners:Shailendra Agrawal, Advocate.
For the State: R.R Kuldeep PP.
For the Respondent No. 2:Nikhil Soni, Advocate.
JUDGMENT
1. - The instant petition under Section 482 Cr.RC. seeks quashing of the criminal proceedings initiated against the petitioners for the offences under Sections 498-A and 406 IPC.
2. Briefly stated, the relevant facts are that non-petitioner No. 2 was married to petitioner No. 3 on 23.9.1999. She lodged a criminal case against her husband and her parents-in-law whereupon FIR No. 225/01 RS. Brahmpuri was registered for the offences under Sections 498-A and 406 IPC. After investigation a charge-sheet was filed against the parents-in-law and investigation was kept pending as against the husband under Section 173(8) of the Code of Criminal Procedure, 1973. It appears that the dispute between the parties came to be amicably settled. As such, non-petitioner No. 2 moved an application before the learned court below for permission to compound the offences. As the offences under Section 498-A IPC is non- compoundable, the prayer was declined vide order dated 20.9.2003. Therefore, the accused-petitioners have invoked the inherent jurisdiction of this Court under Section 482 Cr.RC. for quashing the criminal proceedings as also the order dated 20.9.2003. It further appears that after in
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