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2004 DIGILAW 1716 (RAJ)

Surendra Singh v. State of Rajasthan

2004-12-02

SUNIL KUMAR GARG

body2004
JUDGMENT 1. - This misc. petition under section 482 Cr.P.C. has been filed by the petitioners with the prayer that the order dated 3.11.2004 passed by the learned Judicial Magistrate, Ist Class Loonkaransar by which he refused to attest the compromise filed by the parties for compounding the offence under sections 498A and 406 IPC and proceeded to frame charges against the petitioners for the said offences, be quashed and set aside and permission to compound the offence under sections 498A and 406 IPC may be granted. 2. It may be stated here that the petitioners were facing trial for the offence under section 498A and 406 IPC and the respondent No. 2 Sannu Kanwar is the complainant and both the parties filed compromise before the learned Judicial Magistrate 1st Class, Loonkaransar stating interalia that they had compromised the matter between themselves and thus, compromise may be attested and permission may be accorded to compound the offences under sections 498A and 406 1PC. The learned Judicial Magistrate 1st Class, Loonkaransar through impugned order dated 3.11.2004 refused to attest the compromise filed by the parties for compounding the offences under sections 498A and 406 IPC. Hence, this misc. petition under section 482 Cr.PC. 3. I have heard the learned counsel for the petitioners and the learned counsel for the respondent No. 2 and the learned Public Prosecutor and gone through the entire materials available on record. 4. This Court in Ram Kishore v. The State of Rajasthan and ors. 1989 Cr. L.R. (Raj.) 386 , Ghanshyam Saini v. State of Rajasthan and anr RLW 2000(2) Raj. 1067 , S.B. Cr. Misc. Petition No. 30/2001 (Rameshwar @ Pappu and ors. v. State of Rajasthan and ors. (decided on 22.1.2001) and Ram Swaroop v. State RLW 2001(2) 509 has taken the view that it is proper to accord permission to compound the offence under section 498A IPC. 5. The Hon'ble Supreme Court in B.S. Joshi and ors. v. State of Haryana and anr JT 2003(3) SC 277 has observed that Section 320 Cr.PC. does not limit or affect the powers of High Court under section 482 Cr.P.C. to quash the proceedings under section 498A IPC so that matrimonial relationship may remain cordial. 6. 5. The Hon'ble Supreme Court in B.S. Joshi and ors. v. State of Haryana and anr JT 2003(3) SC 277 has observed that Section 320 Cr.PC. does not limit or affect the powers of High Court under section 482 Cr.P.C. to quash the proceedings under section 498A IPC so that matrimonial relationship may remain cordial. 6. Keeping in mind the law laid down in the above rulings and keeping in mind that the basic object of any matrimonial law is to facitiate a happy and harmonious matrimonial life between the spouses though under different circumstances, they approached the court, the permission sought for to compound the offence under section 498A and 406 IPC pursuant upon the compromise filed by the parties should be accorded by this Court under section 482 Cr.P.C.Therefore, in view of the larger interest of the parties and to secure the ends of justice, this Cr. Misc. petition under section 482 Cr.PC. filed by the petitioners is allowed and the impugned order dated 3.11.2004 passed by the learned Judicial Magistrate 1st Class, Loonkaransar is set aside and the learned Judicial Magistrate, 1st Class Loonkaransar is directed to accord permission to compound the offences under section 498A and 406 IPC in terms of the compromise filed by the parties. The parties are directed to appear before the learned Judicial Magistrate, 1st Class, Loonkaransar on 20.12.2004.Petition allowed as Ordered. *******