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2003 DIGILAW 923 (AP)

Chiman Singh v. State of Rajasthan,

2003-07-23

D.N.JOSHI

body2003
ORDER D.N. Joshi. J. - The Instant criminal miscellaneous petition has been preferred u/s. 482 Cr. P.C. against the order dated 20th June, 2003 passed by the Additional Chief Judicial Magistrate shim in criminal case No. 4341 2002 "State v. Chiman Singh", whereby the application u/s. 320 Cr. P.C. was rejected on the ground that the offence u/s. 498-A IPC is not compoundable and the case was fixed for recording the evidence on 10-7-2003. 2. It was contended by the learned counsel for the petitioner Mr. Sandeep Saruparia that the matter has been compromised and an application for permission to compound the offence u/s. 498-A IPC was submitted before the trial Court and such application ought to have been accepted and accused should have been acquitted of the charge levelled against him. He has therefore, prayed that the impugned order may be quashed and set aside as it is incorrect illegal and improper. 3. The learned Public Prosecutor opposed the petition. 4. Section 498-A IPC is not compoundable in view of the provisions of Section 320 Cr. P.C. and therefore the trial Court was competent to pass the impugned order. But the question is whether it is expedient in the interest of Justice that the proceedings be allowed to continue even the matter has been compromised? 5. Learned counsel for the petitioner has placed reliance on the decision of this Court in Govinda & Anr. v. State of Rajasthan1 and argued that the Court cannot under inherent powers direct appellate Court to record compromise but in view of the marital offence order to quash proceedings can be made In the Interest of peace between the parties since countenance of proceedings would only amount to abuse of process or the Court. 6. In Saleem & Ors. v. The State of Rajasthan & Ors.2. it has been held that the Court has inherent powers to quash the proceedings, though the offence is not compoundable. Inherent powers can be exercised to prevent the abuse of the process or otherwise to secure the ends of justice. Though the offence u/s. 498-A IPC is not compoundable as per Section 320 Cr. P.C., but the Court is competent to quash the proceedings in exercise of its inherent jurisdiction. 7. Inherent powers can be exercised to prevent the abuse of the process or otherwise to secure the ends of justice. Though the offence u/s. 498-A IPC is not compoundable as per Section 320 Cr. P.C., but the Court is competent to quash the proceedings in exercise of its inherent jurisdiction. 7. In Manof Kumar v. State of Rajasthan3 this Court quashed the proceedings u/s. 498-A IPC in view of the compromise between the parties exercising its powers u/s. 482 Cr. P.C. and proceedings of criminal case no. 137/97 u/s. 498-A. IPC pending in the court of A.C.J.M. No. 2. Jodhpur and the order of the learned District Judge, Jodhpur dated 12-6-1998 were quashed. 8. In Jai Kishan v. State of Rajasthan4 the proceedings were quashed by the Court under Section 482 Cr. P.C. in view of the compromise between the parties for the offences u/ss. 498-A and 406 IPC. 9. In Rameshwar v. State of Rajasthan5 permission to compound offence u/s. 498-A IPC was granted by this Court in exercise of its inherent jurisdiction. 10. To the same effect is the judgment in Suresh Chand &. Ors. v. State of Rajasthan6 and, criminal proceedings u/s. 498-A IPC were dropped u/s. 482 Cr. P.C. by this Court. 11. In Ramsharan v. State of Rajasthan7 it was held that no case u/s. 498-A was made out on facts and therefore, proceedings were quashed and petitioner was discharged of the offence u/s. 498-A IPC. 12. In Ramswaroop v. State of Rajasthan8, the wife started living with husband and performing her conjugal duties and with their union a female child was born. The Magistrate rejected compromise entered into between the appellant and wife on ground that the offence u/s. 49B-A is not compoundable. The order of Magistrate was set aside and criminal proceedings pending against husband before the trial Court were quashed by this Court exercising its jurisdiction u/s. 482-Cr. P.C. 13. It was held in Ghanshyam Saini v. State of Rajasthan9, that though the offence u/s. 498-A IPC Is not compoundable, yet it was thought by this Court to be a fit case to allow the compromise and appellate Court was directed to decide the appeal as matter having been compounded and pass necessary order and miscellaneous petition was disposed of. 14. 14. In Kailash Chandra v. Basanti10, it was held that when the dispute was between husband and wife and after reconciliation both the parties are residing peacefully as husband and wife and their relations are very cordial, it is proper that the trial Court should permit the parties to compound the offence u/s. 498-A and 120-B of the Indian Penal Code. 15. Per contra, in Mohan Singh v. State11. it has been held that the offences which are not compoundable u/s. 320(1) or (2) of Cr. P.C. permission cannot be granted by this Court in exercise of its inherent powers u j s. 482 Cr. P.C. The judgment was delivered by a full Bench of this Court referring several decisions on the point. It was further held that the principles that govern the exercise of inherent powers are as follows: (i) That the High Court possesses the inherent power to be exercised ex debito justiae to do the real and substantial justice for the administration of which along court exists. But such powers do not confer any arbitrary jurisdiction on the High Court to act according to its whim or caprice: (ii) That it should be exercised very sparingly to prevent abuse of process of any court or otherwise to secure the ends of justice: (iii) That the power is not to be resorted to if there is a specific provision in the Code for the redress of the grievance of the aggrieved party: and (iv) That it should not be exercised as against the express bar of law engrafted in any other provision of the Code." 16. It was held by the Apex Court in Ramlal v, State of Jammu and Kashmir12 that the offence which is not compoundable u/s. 320 Cr. P.C., cannot be made compoundable with permission of the Court. It was further held that an offence u/s. 326 IPC. though not compoundable but considering the fact that parties have come to settlement and victims were having no grievance against accused and latter having undergone imprisonment of about six months sentence was reduced to the period already undergone. It was further held that the judgments of Y. Suresh Babu v. State of A.P.13 and judgment in Mahesh Chand v. State of Rajasthan14 were held per inquriam in which the permission was granted to compound the offence which was not compoundable under the provisions of Section 320 Cr. It was further held that the judgments of Y. Suresh Babu v. State of A.P.13 and judgment in Mahesh Chand v. State of Rajasthan14 were held per inquriam in which the permission was granted to compound the offence which was not compoundable under the provisions of Section 320 Cr. P.C. Sub-section (9) of Section 320 Cr. P.C. imposes a legislative ban in the following terms: "(9) No offence shall be compoundable except as provided by this Section. " 17. Further by a bench of three Judges it was held by the Apex Court in Surendra Nath Mohanti v. State of Orissa - (C) that offence u/s. 326 IPC is not compoundable under the provisions of Section 320 Cr. P.C. There are. the sentence was reduced to the period already undergone and the judgments rendered in Y. Suresh Babu v. State A.P. (supra). Rampujan v. State of U.P. (supra) and Mahesh Chand v. State of Rajasthan (supra) were over-ruled. It was further held that judgment delivered in Y. Suresh Babus case (supra) was per inquriam. The reliance was placed on the case of Ramlal v. State of J. & K. (1999 AIR SCW P. 566). 18. In the case of State of H.P. v. Kartar Singh15. the orders of Sessions Judge allowing compounding of offence u/s. 498 IPC was held beyond jurisdiction. However the High Court u/s. 482 Cr. P.C. permitted complainant to compound the matter in the interest of justice. It is relevant to mention here that the judgment is not in consonance with the judgments delivered by the Apex Court and the Full Bench of this Court. 19. In Jalaluddin v. State of U.P.16 it was held that offence u/s. 326 IPC is not compoundable. However, being close relatives, sentence was reduced to the period already undergone. 20. In Raghunandan v. State of A.P.17 conviction of the husband u/s. 498 IPC was not disturbed and allowed to stand but the sentence war reduced to the period already undergone as the wife approached the Court that she wished to live with her husband peacefully. 21. Recently in B.S. Joshi & Ors. 20. In Raghunandan v. State of A.P.17 conviction of the husband u/s. 498 IPC was not disturbed and allowed to stand but the sentence war reduced to the period already undergone as the wife approached the Court that she wished to live with her husband peacefully. 21. Recently in B.S. Joshi & Ors. v. State of Haryana & Anr.18, it was held by the Apex Court as under: "We are therefore, of the view that if for the purpose of securing the ends of justice, quashing of FIR becomes necessary, section 320 would not be a bar to the exercise of power of quashing. It is, however, a different matter depending upon the facts and circumstances of each case whether to exercise or not such a power. Xxx xxx xxx While exercising inherent power or quashing under Section 482. It is for the High Court to take into consideration any special features which appear in a particular case to consider whether it is expedient and in the interest of justice to permit a prosecution to continue. Where in the opinion of the Court, chances of an ultimate, conviction is bleak and. therefore no useful purpose is likely to be served by allowing a criminal prosecution to continue the Court may while taking into consideration the special facts of a case also quash the proceedings. Xxx xxx xxx The special features in such matrimonial matters are evident. It becomes the duty of the Court to encourage genuine settlements of matrimonial disputes." 22. In the case in hand. It does not appear that the proposed settlement/ compromise filed by the parties is not genuine. 23. Thus looking to the Full Bench decision of this Court and the judgments rendered by the Honble Supreme Court in B.S. Joshis case (supra) an offence (in this case Section 498-A), which is though not compoundable under the provisions of Section 320 IPC but in the interest of justice to prevent the abuse of the process of the Court and to secure the ends or justice the proceedings pending in the Court of learned Additional Chief Judicial Magistrate. Bhim in criminal case No. 434/2002 are liable to be quashed in. exercise of inherent jurisdiction or the Court and are hereby quashed. The petition is accordingly allowed. Petition allowed. 1. 2002(2) WLC Raj P. 438. 2. RLW 1998 (I) Raj. P. 202. 3. 1999 Cri.L.J P. 10. 4. Bhim in criminal case No. 434/2002 are liable to be quashed in. exercise of inherent jurisdiction or the Court and are hereby quashed. The petition is accordingly allowed. Petition allowed. 1. 2002(2) WLC Raj P. 438. 2. RLW 1998 (I) Raj. P. 202. 3. 1999 Cri.L.J P. 10. 4. RLR 2000(3) 451. 5. 2001 Cr.L.R. Raj. P. 260. 6. 1999(2) RCC P. 1153. 7. 1996 RCC P. 349. 8. 2001. Cr.L.R. Raj. P. 517. 9. 2000 Cr.L.R. Raj. P. 283. 10. 1989(3) Crimes 676 Raj. 11. 1993 Cr.L.J. P. 3193 Raj. 12. AIR 1999 SCW P. 2199, 13. (1987) 2 JT SC P. 361. 14. AIR 1988 se P. 2111. 15. 1977 Cr.L.J. 2321. 16. JT 2000 (10) SC P. 305. 17. 2000 (1) R.L.R. P. 301. 18. JT 2003 (3) SC P. 277.