S.B. Cr. Misc. Petition No.840/2012- Dr Rajendra Prasad & ors v.

State of Rajasthan & another

judgment dt:16.04.2012

1/3

IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR

::

J U D G M E N T

::

PETITIONERS :

RESPONDENTS :

Dr Rajendra Prasad Joshi

v.

State of Rajasthan

& others

& another

S.B. CRIMINAL MISC. PETITION No.840 OF 2012

::

Date of Order : 16^th April 2012

::

PRESENT

HON'BLE MR JUSTICE NARENDRA KUMAR JAIN-II

Mr Dinesh Vishnoi, for the petitioners

Mr Anees Bhurat, Public Prosecutor

Dr Shailendra Kala, for the respondent No.2

BY THE COURT :

Both, the petitioners and the non-petitioner

complainant, are present in the Court and duly identified by

their respective counsel.

2)Heard the learned counsel for the parties.

3)The petitioners are facing trial before the learned Munsif

& Judicial Magistrate, Jodhpur District for offence under

sec.498A IPC in Cr. Case No.459/2010 (310/2011) – State

v. Dr Rajendra Prasad Joshi and others.

4)In the above case, after compromise between the parties,

an application seeking permission from the court for

compounding the offences against petitioners was filed,

along with the compromise deed. In view of the compromise

arrived at between the parties, learned Magistrate vide

order impugned dated 22^nd March 2012 accepted the

S.B. Cr. Misc. Petition No.840/2012- Dr Rajendra Prasad & ors v.

State of Rajasthan & another

judgment dt:16.04.2012

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compromise in respect of offence under sec.406 IPC and

granted permission to the parties to compound the offence

but in respect of offence punishable under sec.498A IPC,

learned Magistrate rejected the application for compounding

the offence against petitioners because as per sec.320

CrPC, said offence is not compoundable.

5)Learned counsel for the petitioners as well as learned

counsel appearing on behalf of non-petitioner No.2-

complainant submitted that in view of judgment of Hon'ble

Supreme Court in the case of B.S. Joshi v. State of

Haryana and others – 2003 (4) SCC 675, if compromise

has been arrived at between the parties in offence under

sec.498A IPC then such compromise can be accepted while

exercising powers under sec.482 CrPC.

6)I have perused the judgment rendered by Hon'ble Apex

Court in the case of B.S. Joshi (supra) dealing with the

same controversy, with reference to exercise of jurisdiction

under sec.482 CrPC. It has been held by the Hon'ble

Supreme Court that even if offence is not compoundable but

to secure ends of justice, the High Court in exercise of its

inherent powers can quash criminal proceedings or

complaint and sec.320 of Code of Criminal Procedure does

not limit or affect the powers under sec.482 of the Code.

7)In view of the above, present misc. petition filed by the

petitioners under sec.482 CrPC before this Court is allowed.

The compromise filed by the parties before trial court is

accepted in respect of offence under sec.498A also while

following law laid down by Hon'ble Supreme Court in B.S.

S.B. Cr. Misc. Petition No.840/2012- Dr Rajendra Prasad & ors v.

State of Rajasthan & another

judgment dt:16.04.2012

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Joshi's case (supra). The impugned order dated 22^nd March

2012 passed by the learned court below, so far as rejection

of the compromise for offence under sec.498A IPC is

concerned, is set aside and proceedings against the

petitioners pending in the trial court are hereby quashed.

8)Permission is hereby granted to the parties to compound

the offence under sec.498A IPC, provided that by the effect

of the compromise arrived at in between the parties, none

of the parties shall be entitled to file any other litigation in

respect of subject matter of present case.

[NARENDRA KUMAR JAIN-II], J.

mma

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