JUDGMENT 1. - This application under Section 482 Cr.RC. is preferred on behalf of the petitioner Shivram Sharma son of Shri Laxmi Narain Sharma praying for permitting to compound the offence under Section 498A IPC or to quash the criminal proceedings in criminal case No. 14/2002, titled as State of Rajasthan v. Shivram Sharma , pending before the court of Judicial Magistrate No. 5, Jaipur District, Jaipur. 2. The fact of the case are that on 12.10.2001 the respondent No. 2 Smt. Munni Devi, wife of the petitioner lodged a first information report at Jamvaramgarh, contemplating the offence under Sections 147, 323 and 498A IPC. The Investigating Agency after regular investigation filed a chargesheet before the trial court, as a consequence of which criminal case No. 14/2002, is undergoing trial against the petitioner. 3. The contention of the petitioner is that the respondent No. 2 Smt. Munni Devi, has entered into an agreement with him and both are now living together from the last above 8 months. An application was preferred by the petitioner before the trial court to dispose of the criminal trial in the light of the agreement reached between the petitioner and respondent No. 2 Smt. Munni. The trial court by the order dated 23rd Sept. 2004 dismissed the aforesaid application on the count that the offence under section 498A is not compoundable. Hence, the present petition is preferred. 4. Respondent No. 2 Smt. Munni Devi as well as the petitioner Shiv Ram Sharma are present in person before the court and both have been identified by their respective counsel. Smt. Munni Devi has stated before me that she is living with the petitioner at his residence from the last 8 months and now she is having no dispute with the husband (petitioner 1). She has also stated that she does not want to continue the trial of the offence alleged by her which is concerned with the criminal case No. 14/2002, State of Rajasthan v. Shiv Ram Sharma , pending before Judicial Magistrate No. 5, Jaipur District, Jaipur. 5. Counsel for the petitioner relies upon the judgment of Hon'ble Supreme Court delivered in the case of B.S. Joshi & Ors.
5. Counsel for the petitioner relies upon the judgment of Hon'ble Supreme Court delivered in the case of B.S. Joshi & Ors. v. State of Haryana & Anr., 2003 (42) Crimes 284 (SC) , wherein Hon'ble Supreme Court held that the High Court while exercising its inherent powers can quash criminal proceedings or FIR or complaint pertaining to an offence which is not compoundable. The relevant portion of the judgment delivered above is quoted as under: "13. The observations made by this Court, though in a slightly different context, in G.V. Rao v. L.H.V. Prasad & Ors. 2000 (3) SCC 693 . are very apt for determining the approach required to be kept in view in matrimonial dispute by the courts, it was said that there has been an outburst of matrimonial disputes in recent times. Marriage is a saved ceremony, the main purpose of which is to enable the young couple to settle down in life and live peacefully. But little matrimonial skirmishes suddenly erupt which often assume serious proportions resulting in commission of heinous crimes in which elders of the family are also involved with the result that those who could have counseled and brought about raproachment are rendered helpless on their being arrived as accused in the criminal case there are many other reasons which need not be mentioned here for not encouraging matrimonial litigation so that the parties may pouder over their defaults and terminate their disputes amicably by mutual agreement instead of fighting it out in a court of law where and very to conclude and in that process the parties lose their 'young' days in chasing their cases in different courts. 14. There is no doubt that the object of introducing chapter XX-A containing section 498A in the indian Penal Code was to prevent the torture to a woman by her husband or by relative of her husband. Section 498A was added with a view to punishing a husband and his relatives who harass or torture the wife to coerce her or her relatives to satisfy unlawful demands of dowry. The hyper-technical view would be counter productive and would act against interests of women and against the object for which this provision was added. There is every likelihood that non-exercised of inherent power to quash the proceedings to meet the ends of justice would prevent women from settings earlier.
The hyper-technical view would be counter productive and would act against interests of women and against the object for which this provision was added. There is every likelihood that non-exercised of inherent power to quash the proceedings to meet the ends of justice would prevent women from settings earlier. That is not the object of Chapter XXA of Indian Penal Code. 15. In view of the above discussion, we hold that the High Court in exercise of its inherent powers can quash criminal proceedings or FIR or complaint and section 320 of the Code does not limit or affect the powers under section 482 of the Code." 6. In view of the fact that Smt. Munni Devi, who is present before the court has stated that she has entered into an agreement with the petitioner Shiv Ram Sharma and she is living with him from the last about 8 months, therefore, she does not want to pursue the criminal case lodged against the petitioner, I consider it appropriate to quash the FIR lodged against the petitioner as a consequence of which the proceedings in criminal case No. 14/2002, State of Rajasthan v. Shiv Ram Sharma are pending before the court of Judicial Magistrate No. 5, Jaipur District, Jaipur. The criminal proceedings referred above are, therefore, also stand quashed. No order as to costs.Petition accepted. *******