IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
VIJAY BISHNOI, J.
Pushpa Kanwar W/o Sh. Umed Singh - Appellant
Versus
State of Rajasthan, Through PP and Ors. - Respondents
S.B. Criminal Misc. (Pet.) No. 6803 of 2021
Decided On : 19-01-2022
Criminal Procedure Code, 1973 – Section 482 - Indian Penal Code, 1860 - Sections 498A, 406 and 323 – Punishment for criminal breach of trust – Punishment for voluntarily causing hurt - Petitioner and private respondents have already settled their dispute amicably - It is submitted that during pendency of trial, petitioner has filed an application before trial court with a prayer for quashing criminal proceedings pending against private respondents on basis of compromise arrived at between them, whereby trial court vide order has attested compromise for offences punishable under Sections 406 and 323 IPC, but refused to attest same for offence punishable under Section 498-A IPC, as same is non-compoundable – Held, parties have already settled their dispute amicably, there is no possibility of accused being convicted in case pending against them - When once matrimonial disputes have been settled by mutual compromise, then no useful purpose would be served by keeping the criminal proceedings pending - Court is of opinion that it is a fit case, wherein criminal proceedings pending against private respondents may be quashed while exercising powers under Section 482 Cr.P.C - Criminal misc. petition is allowed.
JUDGMENT :
Vijay Bishnoi, J.
1. This criminal misc. petition under Section 482 Cr.P.C. has been preferred by the petitioner being aggrieved with the order dated 29.3.2019 passed by the Judicial Magistrate No. 3, Bikaner (for short 'the trial court') in CRC No. 634/2019.
2. Learned counsel for the parties have submitted that the petitioner and the private respondents have already settled their dispute amicably. It is submitted that during pendency of the trial, the petitioner has filed an application before the trial court with a prayer for quashing the criminal proceedings pending against the private respondents on the basis of compromise arrived at between them, whereby the trial court vide order dated 29.3.2019 has attested the compromise for the offences punishable under Sections 406 and 323 IPC, but refused to attest the same for the offence punishable under Section 498-A IPC, as the same is non-compoundable.
3. Learned counsel for the petitioner has argued that as the petitioner and the private respondents have already entered into compromise and on the basis of it, the private respondents have been acquitted for the offences punishable under Sections 406 and 323 I.P.C., there is no possibility of their conviction for the offence punishable under Section 498-A I.P.C. Learned counsel for the petitioner, therefore, has submitted that the petitioner does not want to press the charges levelled against the private respondents as the dispute between the parties has already been settled amicably.
4. Learned counsel for the private respondents has admitted the factum of compromise arrived at between the parties.
5. The Hon'ble Apex Court while answering a reference in the case of Gian Singh v. State of Punjab & Anr. reported in JT 2012 (9) SC 426 has held as below:-
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