Advocates:
['ASHWANI KUMAR SHARMA', 'P P', '', 'ASHOK SINGH SHEKHAWAT']

1

In the High Court of Judicature for Rajasthan

at Jaipur Bench Jaipur

Order

Gopal Lal Soni & Ors

vs

State and another

S.B.Criminal Misc. Petition No.

4150/2013 under Section 482 Cr.P.C

against order dated 22.8.2013 passed

by Addl. Civil Judge (JD) and

Metropolitan Magistrate No.13, Jaipur

Metropolitan

in

Criminal

Case

No.106/2009.

Date of Order - 8.11.2013

Present

Hon'ble Mrs Justice Nisha Gupta

Mr. Ashwani Kumar Sharma, for petitioners

Mr. Sanjeev Kumar Mehla, PP.

Mr. Ashok Singh for respondent no.2.

By the Court:

This Petition has been filed under

Section 482 Cr.P.C. against order dated

22.8.2013 passed by Addl. Civil Judge (JD)

and Metropolitan Magistrate No.13, Jaipur

Metropolitan in Criminal Case No.106/2009.

Heard learned counsel for the parties.

The petitioner is facing trial before

the learned Additional Civil Judge(J.D.)

and Metropolitan Magistrate No. 13, Jaipur

Metropolitan(hereinafter referred to as

‘the Trial Court’) for offences under

Sections 498A and 406 IPC in Criminal Case

No. 106/2009(State of Rajasthan Vs. Mukesh

Soni and Ors).

An application seeking permission from

the Court for compounding the offences

against the petitioners was filed along

2

with the compromise. Learned Trial Court

vide impugned order dated 22.08.2013

accepted the compromise in respect of

offence under Section 406 IPC and granted

permission to the parties to compound the

said offence, but learned Trial Court

declined to attest the compromise for

offence under Section 498-A IPC because as

per Section 320 Cr.P.C., said offence is

not compoundable.

Learned counsel for the petitioner

submitted that in view of decisions

rendered by the Hon’ble Supreme Court in

the case of B.S. Joshi & Others Vs. State

of Haryana & Another, (2003) 4 SCC 675;

Nikhil Merchant Vs. Central Bureau of

Investigation & Another, (2008) 9 SCC 677;

Manoj Sharma Vs. State & Others, (2008) 16

SCC 1 and Gian Singh Vs. State of Punjab &

Ors., 2012 Cr.L.R. (SC) 883 : (2012) 10

SCC 303, the compromise can be accepted

while exercising the powers under Section

482 Cr.P.C.

Learned counsel for the petitioners

submitted that the parties have entered

into a compromise in this matter.The

parties are also present in the Court and

Court directed the Deputy Registrar

(Judicial) to verify the compromise. In

compliance of the order of the Court, the

Deputy Registrar(Judicial) has verified.

The Hon’ble Supreme Court in B.S. Joshi

(supra), Nikhil Merchant(supra), Manoj

Sharma(supra) and Gian Singh(supra) dealing

with the similar controversy with reference

to exercise of jurisdiction under Section

3

482 Cr.P.C. has held that even if offence

is not compoundable, but to secure interest

of justice, the High Court in exercise of

its inherent powers can quash the FIR,

criminal proceedings or complaint under

Section 482 of the Code of Criminal

Procedure.

In view of above, criminal proceedings

pending in criminal case 106/2009(State of

Rajasthan Vs. Mukesh Soni and Ors) pending

in the court of Addl. Civil Judge (JD) and

Metropolitan Magistrate No.13, Jaipur

Metropolitan are quashed in view of the

compromise and petitioners are acquitted of

the charge u/s 498A IPC.

The Misc. Petition is allowed as above.

(Nisha Gupta),J

om79

All corrections made in the judgment/order

have been incorporated in the

judgment/order being emailed.

Om Prakash

PA