Banwari Lal Sharma, J.

1. Accused/Petitioner Pushpendra Singh has preferred this Misc. Petition under Section 482 Cr.P.C. assailing impugned order dated 18.01.2016 passed by Learned Special Judge Dacoity Affected Area, Bharatpur in Criminal Appeal No. 64/2012 by which Learned Lower Appellate Court declined the acquittal of accused/petitioner for the offence under Section 498-A IPC and for quashing judgment of conviction and order of sentence dated 5th December, 2012 in Criminal Case No. 307/2011 (State v. Pushpendra Singh) passed by Learned Additional Chief Judicial Magistrate No. 3 Bharatpur.

2. The brief facts of the case are that respondent/complainant Ms. Jyotsna Singh lodged an FIR No. 94/2006 against present petitioner at Police Station Mahila Thana, Bharatpur for offence punishable under Sections 498-A, 406 IPC where in after investigation police submitted charge-sheet against the present petitioner before Learned Magistrate where in after trial accused/petitioner was convicted for offence under Section 498-A IPC and sentence for 3 years rigorous imprisonment with fine of Rs. 5000/-. In default, there of 2 months simple imprisonment.

3. Aggrieved by the judgment of conviction and order of sentence dated 5th December, 2012 passed by Learned Additional Chief Judicial Magistrate No. 3, Bharatpur in Criminal Regular Case No. 307/2011 (State of Rajasthan v. Pushpendra Singh) accused/petitioner preferred Criminal Regular Appeal which is presently pending before Learned Special Judge Dacoity Affected Area, Bharatpur being criminal appeal no. 64/2012 (Pushpendra Singh v. State)

4. During pendency of appeal accused/petitioner and respondent no. 2/complainant settled their dispute amicably before the Mediation Centre of this Court on 20.04.2015 with the help of mediator.

5. On 20.04.2015 an application under Section 320 Cr.P.C. was submitted by the accused/petitioner and respondent no. 2 complainant before Lower Appellate Court on 30th September, 2015 and prayed that they have settled their dispute amicably, therefore judgment of conviction and order of sentence dated 5th December, 2012 may be quashed and set aside and accused/petitioner may be acquitted for offence under Section 498-A IPC which was rejected by the Lower Appellate Court vide impugned order dated 18th January, 2016. Feeling aggrieved by the said order dated 18th January 2016 accused/petitioner preferred this Misc. petition the Court with the aforesaid prayer.

6. On 20th May, 2016 during course of hearing following question of general importance arised for consideration before this court:

"In case relating to non-compoundable offence after conviction and sentence, whether High Court can acquit the accused while exercising inherent powers vested under Section 482 Cr.P.C. during pendency of appeal before the Lower Appellate Court i.e. Sessions Judge on the ground of compromise."

7. A general notice was issued among the learned Members of the Bar with request to address to court on the aforesaid question of law on 24th May, 2016 at 11A.M. in pursuance of the aforesaid notice. I have heard the learned counsel for petitioner. Learned PP as well as learned counsel fa respondent No. 2/complainant with Members of Bar who addressed the court.

8. Learned counsel for petitioner Sh. Manish Sharma submits that dispute between petitioner/accused and respondent No. 2 complainant is private is nature i.e. matrimonial dispute. Apart from criminal case, petition under Section 13 Hindu Marriage Act for divorce, and proceedings under Section 125 (3) Cr.P.C. for recovery of maintenance amount are also pending in other courts. He submits that the maintenance amount awarded in proceedings under Section 125 Cr.P.C. in favour of respondent/complainant was assailed before the High Court in Criminal Petition No. 1237/2011 (Pushpendra Singh v. Jyotsna Singh) wherein during pendency of revision petition the dispute of parties was referred by the Court to Mediation Center of this court wherein