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2015 Supreme(Raj) 1788

RAJASTHAN HIGH COURT AT JAIPUR BENCH
Prashant Kumar Agarwal, J.
Vishvajeet Sharma and others - Appellant
Versus
State of Rajasthan and another - Respondent
S.B. Criminal Misc. Petition No. 4452 of 2015.
Decided On : 4-09-2015

Advocates:
For the Petitioners:Gurpreet Singh Sodhi, Advocate.
For the State: Anil Yadav, P.P.
For the Complainant-Respondent No. 2:N.S. Sikarwar, Advocate.

Criminal proceedings can be quashed based on compromise, even for non-compoundable offenses, as established by the Supreme Court.

Headnote:

Compromise - Criminal Proceedings - The court quashed the criminal proceedings based on the compromise between the parties, even though the offenses were not compoundable, citing the principles laid down by the Supreme Court in Gian Singh v. State of Punjab & Anr and Dimpey Gujral v. Union Territory through Administratator, U.T. Chandigarh & Ors.

Fact of the Case:

The accused-petitioners sought to quash criminal proceedings for offenses under Sections 498-A, 406 IPC, and Dowry Prohibition Act, citing a compromise between the parties.

Finding of the Court:

The court allowed the petition and quashed the criminal proceedings, relying on the compromise between the parties and the principles established by the Supreme Court.

Issues: Quashing of criminal proceedings based on compromise, despite offenses being non-compoundable.

Ratio Decidendi: The court relied on the principle that criminal proceedings can be quashed based on compromise, even for non-compoundable offenses, as established by the Supreme Court.

Final Decision: The criminal proceedings were quashed, and the accused-petitioners were acquitted for the offenses.

JUDGMENT

1. - Heard learned counsel for the parties.

2. By way of this criminal misc. petition under Section 482 Cr.P.C., the accused-petitioners have come to this Court with a prayer to quash the proceedings pending before the Additional Chief Judicial Magistrate, Dausa in Criminal Case No. 238/2015 for the offences punishable under Sections 498-A, 406 IPC read with Sections 3, 4 & 6 of Dowry Prohibition Act mainly on the ground that the parties have entered into compromise and amicably settled their dispute and now no dispute remains between them.

3. The brief relevant facts are that on the First Information Report lodged by the complainant-respondent, after investigation charge-sheet for the aforesaid offences was filed against the accused-petitioners and on that basis above said criminal proceedings in Case No. 238/2015 were initiated and during trial both the parties filed an application under Section 320 Cr.P.C. to permit compounding of the aforesaid offences. The trial Court partly allowed the application and permitted to compound the offence under Section 406 IPC vide order dated 25.8.2015 but the prayer in respect of offence under Section 498-A IPC and Sections 3, 4 & 6 of Dowry Prohibition Act was refused as the offences are not compoundable. In these circumstances, the petitioners have come to this Court by way of this petition to quash the aforesaid criminal proceedings pending before the trial Court on the ground that the parties have resolved their dispute.

4. On consideration of submissions made on behalf of the respective parties and the material made available for my perusal and more particularly in view of the fact that the parties have resolved their dispute and the aforesaid facts were admitted by the complainant-respondent, who was personally present before the Court and also in view of the fact that the present case is wholly covered by the principle of law recently laid down by the Larger Bench of Hon'ble Supreme Court in the case of Gian Singh v. State of Punjab & Anr-reported in 2012 Cr.L.J. (SC) 4934 and in the case of Dimpey Gujral v. Union Territory through Administratator, U.T. Chandigarh & Ors. reported in 2013 Cr.L.J. (SC) 520 , and the criminal proceedings are liable to be quashed on the ground of compromise arrived between the parties although the offences are not compoundable.

5. In view of the above, this criminal misc. petition is allowed and the criminal proceedings pending before the Additional Chief Judicial Magistrate, Dausa in Criminal Case No. 238/2015 are quashed and set aside and as a consequence thereof the accused-petitioners are acquitted for the offence punishable under Section 498-A IPC and Sections 3, 4 & 6 of Dowry Prohibition Act. In view of the order passed above, the stay application is disposed of.Petition allowed.

*******



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