Inherent jurisdiction can be exercised to quash non-compoundable offences when parties reach a compromise and public interest is not harmed.

Order :

1. The present criminal misc. petition under Section 528 B.N.S.S. has been filed by the petitioner with a prayer to quash and set aside the proceedings of Criminal Case No.249/2021; State vs. Karan Saxena for offence under Section 498-A & 406 of IPC pending before the Court of learned Chief Judicial Magistrate Jaipur Metropolitan-I in connection with FIR No.94/2021 registered at Police Station Mahila Thana (East) Jaipur City for the offence under Section 498-A & 406 of IPC .

2. Learned counsel for the petitioner submits that the parties have entered into a compromise and submitted a written compromise deed before the learned court below and the court below vide order dated 09.01.2025 attested/verified the compromise as regards the offence under Section 406 IPC , however, rejected the compromise as regards the offence under Section 498-A IPC , observing that same is not compoundable.

3. Counsel for the petitioner has also placed reliance on the judgment of the Hon'ble Supreme Court in case of B.S. Joshi and Ors. vs. State of Haryana and Anr. passed in Criminal Appeal No.383/2003 arising out of SLP (Crl.) No.3416/2002 dated 13.03.2003.

4. Learned counsel appearing for the complainant admits the fact of compromise arrived at between the parties. Counsel on the instructions of the complainant submits that the complainant has no objection if criminal proceedings against the petitioner are quashed and set aside.

5. Considered the submissions made at bar and perused the relevant material available on record.

6. Having regard to the submissions made by the counsels appearing for the parties and also the fact of compromise arrived at between the parties as well as the observations made by the Hon’ble Apex Court in the case of B.S. Joshi (supra), this Court feels that this is a fit case to exercise inherent jurisdiction of this Court provided under Section 528 of B.N.S.S.

7. Accordingly, this criminal misc. petition is allowed and the proceedings of Criminal Case No.249/2021; State vs. Karan Saxena for offence under Section 498-A & 406 of IPC pending before the Court of learned Chief Judicial Magistrate Jaipur Metropolitan-I in connection with FIR No.94/2021 registered at Police Station Mahila Thana (East) Jaipur City for the offence under Section 498-A & 406 of IPC , so also the order dated 09.01.2025, are hereby quashed and set aside.

8. Pending application, if any, also stands disposed of.