IN THE HIGH COURT OF RAJASTHAN AT JAIPUR BENCH
Satish Kumar Sharma, J.
Ramavtar Yogi - Appellant
Versus
State Of Rajasthan - Respondent
Criminal Miscellaneous (Petition) No. 6346 of 2020
Decided on : 04-01-2021
Compromise - Matrimonial Dispute - Criminal proceedings can be quashed under Section 482 Cr.P.C. on the basis of compromise in matrimonial or family disputes.
Fact of the Case:
The petition was filed under Section 482 Cr.P.C. for quashing of criminal proceedings pending against the petitioners in a case involving multiple sections of the IPC. A compromise had been reached between the complainant-wife and the accused-petitionerhusband.
Finding of the Court:
The court found that in view of the compromise in the matrimonial dispute, no fruitful purpose would serve in continuing with the prosecution. The criminal proceedings pending against the petitioner were quashed.
Issues: The issue revolved around whether the criminal proceedings should be quashed in a matrimonial dispute based on the compromise between the parties.
Ratio Decidendi: The court relied on the legal position as expounded by the Hon'ble Supreme Court of India in State of Madhya Pradesh Vs. Laxmi Narayan, (2019) 5 SCC 688, which established that criminal proceedings can be quashed under Section 482 Cr.P.C. on the basis of compromise in matrimonial or family disputes.
Final Decision: The petition was allowed, and the criminal proceedings pending against the petitioner were quashed.
JUDGMENT
Satish Kumar Sharma, J. - The Petition has been filed under Section 482 Cr.P.C. for quashing of criminal proceedings pending against the petitioners in Cr. Case No. 289/2017, State of Rajasthan Vs. Ramavtar Yogi & ors., pending in the court of Additional Civil Judge and Metropolitan Magistrate No.09, Jaipur Metropolitan-II, Jaipur for offence under Sections 323, 341, 504, 147 and 149 IPC at P.S. Vidhyadhar Nagar, Jaipur Metro, Jaipur on the basis of compromise entered between the parties.
2. Heard learned counsel for both the sides and perused the material made available on record.
3. Learned counsel for the petitioners submits that the criminal case is pending against the petitioner under Sections 323, 341, 504, 147 and 149 IPC. Now, compromise has been arrived at between the complainant-wife and the accused-petitionerhusband. On the basis of compromise, the petitioner has been acquitted of the charge under Section 323, 341, 149 and 504 IPC, but the trial has been directed to be continued for remaining offence under Section 147 IPC. Being family dispute and in view of peaceful settlement between the husband and wife the criminal proceedings in this case deserve to be quashed.
4. Learned Public Prosecutor submits that appropriate order may be passed in the matter.
5. It is well settled legal position as expounded by the Hon'ble Supreme Court of India in State of Madhya Pradesh Vs. Laxmi Narayan, (2019) 5 SCC 688 that the criminal proceedings can be quashed under Section 482 Cr.P.C. on the basis of compromise in matrimonial or family disputes.
6. Thus, in view of compromise in matrimonial dispute-inquestion, no fruitful purpose would serve in continuing with the prosecution. Therefore, to meet the ends of justice the criminal proceedings pending against the petitioner under Section 147 IPC before the trial court deserve to be quashed.
7. Accordingly, the petition is allowed. The criminal proceedings pending against the petitioner in Cr. Case No. 289/2017 pending in the court of Additional Civil Judge and Metropolitan Magistrate No.09, Jaipur Metropolitan-II, Jaipur are hereby quashed.
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