JUDGMENT 1. - By this criminal misc. petition under section. 482 Criminal Procedure Code., the petitioners have prayed for quashing of criminal proceedings pending against them in the Court of Judicial Magistrate, First Class, Sanchore District Jalore in criminal Original Case No. 251/1999 for offence under sections. 498-A & 406 Indian Penal Code arising out of FIR No. 58/98 Police Station Karda. 2. Heard learned counsel for the petitioners as well as learned Public Prosecutor and the learned counsel for the respondents. 3. Learned counsel for the petitioners states that.it is a matrimonial dispute between the parties which has resulted into criminal proceedings against the petitioners under sections. 323, 498-A & 406 Indian Penal Code pending in the Court of judicial Magistrate, First Class, Sanchore, District Jalore. Thereafter, both the parties have come to the comprise and they have no grievance against each other. He further states that complainant herself has submitted the compromise before the lower Court but the lower Court has accepted the compromise as far as it relates to the offence under section. 323 Indian Penal Code and refused to attest the compromise as far as it relates to the offence under sections. 498-A & 406 Indian Penal Code. He states that the learned trial Court despite the fact that parties have entered into written compromise, has proceeded ahead in the criminal case pending against them. 4. In support of his arguments, learned counsel for the petitioners has placed reliance upon the judgment rendered by Hon'ble Supreme Court in case of B.S. Joshi & Ors. v. State of Haryana, reported in (2203) 4 SCC 675 . 5. Learned counsel for the respondents has also submitted before me that comprise has arrived at between both the parties. 6. I have considered the arguments made by learned counsel for the parties and gone through the record of the case as well as the documents produced before me by the learned counsel for the parties. I have also gone through the judgment cited by the learned counsel for the petitioner in case of B.S. Joshi & Ors.
6. I have considered the arguments made by learned counsel for the parties and gone through the record of the case as well as the documents produced before me by the learned counsel for the parties. I have also gone through the judgment cited by the learned counsel for the petitioner in case of B.S. Joshi & Ors. (supra) wherein their Lordships while considering the object of introducing Chapter XX-A containing Section 498-A, have observed as under : "There is no doubt that the object of introducing Chapter XX-A containing Section 498-A in the Indian Penal Code was to prevent torture to a woman by her husband or by relatives of her husband. Section 498-A was added with a view to punishing a husband and his relatives who harass or torture the wife to coerce her to her relatives to satisfy unlawful demands of dowry. The hyper technical view would be counterproductive and would act against interest of women and against the object for which this provision was added. There is every likelihood that non-exercise of inherent power to quash the proceedings to meet the ends of justice would prevent women from settling earlier. That is not the object of Chapter XX-A of the Indian Penal Code." "In view of the above discussion, we hold that the Nigh Court in exercise of its inherent powers can quash criminal proceedings of FIR or complaint and Section 320 of the Code does not limit or affect the powers under section. 482 of the Code." 7. Taking into consideration the statement made by the learned counsel for the petitioners as well as learned counsel for the respondents, I am satisfied that the parties have genuinely settled their matrimonial dispute and now they have no grievance against each other. In this view of the matter and taking into account the judgment rendered by Hon'ble Supreme Court in case of B.S. Joshi & Ors. (supra), I find it to be a fit case where inherent jurisdiction under section. 482 Criminal Procedure Code. should be exercised. 8. For the reasons as stated hereinabove, I allow this misc. petition and quash the proceedings against the petitioners pending in the Court of Judicial Magistrate, First Class, Sanchore District Jalore in Criminal Case No. 251/1999 for offence under sections. 498-A & 406 Indian Penal Code.Petition allowed. *******