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2021 Supreme(Raj) 233

IN THE HIGH COURT OF RAJASTHAN AT JAIPUR BENCH
Satish Kumar Sharma, J.
Manish Gandhi - Appellant
Versus
State Of Rajasthan - Respondent
Criminal Miscellaneous (Petition) No. 5932 of 2020
Decided on : 04-01-2021

Advocates appeared:
V.D. Sharma, Advocate, F.R. Meena, Advocate, M.C. Sharma, Advocate

Criminal proceedings can be quashed on the basis of compromise in matrimonial or family disputes.

Headnote:

Compromise - Matrimonial Dispute - Quashing of Criminal Proceedings

Fact of the Case:

The petitioner filed a petition under Section 482 Cr.P.C. seeking to quash criminal proceedings against him for offences under Sections 498A, 323, and 406 IPC, based on a compromise between the parties.

Finding of the Court:

The court found that as per the settled legal position, criminal proceedings can be quashed on the basis of compromise in matrimonial or family disputes, citing the case of State of Madhya Pradesh Vs. Laxmi Narayan, (2019) 5 SCC 688.

Issues: The issue was whether the criminal proceedings against the petitioner should be quashed based on the compromise in the matrimonial dispute.

Ratio Decidendi: The court relied on the settled legal position that criminal proceedings can be quashed on the basis of compromise in matrimonial or family disputes, and concluded that no fruitful purpose would serve in continuing with the prosecution due to the compromise in the present case.

Final Decision: The court allowed the petition and quashed the criminal proceedings pending against the petitioner in the court of Judicial Magistrate No.4, District Alwar.

JUDGMENT

Satish Kumar Sharma, J. - This Petition has been filed under Section 482 Cr.P.C. for quashing of criminal proceedings pending against the petitioner in Cr. Case No.55/2018 in the court of Judicial Magistrate No.4, District Alwar arising out of FIR No.0129/2018 registered at Police Station Mahila Thana, Alwar for offence under Sections 498A, 323 and 406 IPC 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 petitioner submits that the criminal case is pending against the petitioner under Sections 498A, 323 and 406 IPC. Now compromise has been arrived at between the complainant wife and the accused-petitioner husband. On the basis of compromise the petitioner has been acquitted of the charge under Sections 323 and 406 IPC, but the trial has been directed to be continued for remaining offence under Section 498A 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. As per settled legal position expounded by the Hon'ble Supreme Court in State of Madhya Pradesh Vs. Laxmi Narayan, (2019) 5 SCC 688 the criminal proceedings can be quashed on the basis of compromise under Section 482 CrPC in matrimonial or family disputes.

6. Thus in view of compromise in matrimonial dispute in question, 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 498A 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.55/2018 in the court of Judicial Magistrate No.4 Alwar are hereby quashed.

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