The court can quash criminal proceedings based on compromise and settlement between the parties, even if the offence is non-compoundable, in order to establish peace and harmony.

ORDER

1. By way of this criminal misc. petition under Section 482 of the Code of Criminal Procedure, 1973, the accused-petitioners have approached this Court with a prayer to quash the proceedings pending before the learned Special Additional Chief Metropolitan Magistrate (PCPNDT Act Cases), Jodhpur Metropolitan in Criminal Case No.61/2019 for the offences punishable under Sections 498-A & 406 of the Indian Penal Code mainly on the ground that the parties have entered into compromise and amicably settled their dispute and now no dispute remains between them.

2. The brief facts are that on the First Information Report lodged by the complainant-respondent, after investigation chargesheet for the aforesaid offences was filed against the accusedpetitioners and on that basis above, said criminal proceedings in Case No.61/2019 were initiated.

3. During the trial, both the parties filed an application under Section 320 of Cr.P.C. to permit compounding of the aforesaid offences.

4. The trial Court partly allowed the application and permitted to compound the offences under Section 406 of IPC vide order dated 29.09.2022 but the prayer in respect of offence under Section 498-A of IPC was refused, as the same is not compoundable.

5. In these circumstances, the petitioners have approached 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.

6. Learned counsel for the complainant submits that the complainant has no objection if the proceedings are quashed.

7. In view of the aforesaid and considering the submissions made on behalf of the respective parties; the material made available for my perusal; considering that the petitioner No. 1 and the complainant (husband and wife respectively) have resolved their dispute, this Court is of the view that in order to establish peace and harmony between the petitioner No. 1 and complainant and in order to let them live peacefully in the future life, and also finding that the present case is wholly covered by the principle of law laid down by Hon’ble the Supreme Court in the case of Gian Singh Vs. State of Punjab & Anr-reported in 2012 Cr.L.J. (SC) 4934 and in the case of State of Haryana & Ors. Vs. Choudhary Bhajan Lal & Ors. [AIR 1992 SC 604], the criminal proceedings are liable to be quashed in view of compromise arrived at between the parties, although, the offence under Section 498-A of IPC is not compoundable.

8. In view of the above, this criminal misc. petition is allowed and the criminal proceedings pending before the learned Special Additional Chief Metropolitan Magistrate (PCPNDT Act Cases), Jodhpur Metropolitan in Criminal Case No.61/2019 are quashed and set aside. Consequence to follow.

9. The stay application also stands disposed of.