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2006 DIGILAW 1532 (RAJ)

Lalita Soni v. Vijay Kumar

2006-05-05

HARBANS LAL

body2006
JUDGMENT 1. - This criminal misc. petition under Section 482 Cr.P.C. has been filed for quashing the criminal proceedings pending in the court of Munsiff and Judicial Magistrate, Jaipur City, Jaipur in Cr. Case No. 104/1999 for offences under Sections 498-A and 406 I.P.C. 2. The above said criminal case was instituted by the petitioner (wife) against non-petitioner No.1 (husband) in the aforesaid trial court for offences under Sections 498-A and 406 I.PC. and challan has been filed against non-petitioner No. 1. 3. Thereafter, non-petitioner No. 1 (husband) Vijay Kumar filed a Divorce Petition in Family Court No.1, Jaipur against petitioner Smt. Lalita Soni (wife). In the trial court, an application under Section 320 I.P.C. was preferred from and on behalf of both husband and wife for dropping the criminal proceedings but the same was rejected vide order dated 20.4.2006. Hence, this misc. petition. 4. Learned counsel for the parties have jointly submitted that in view of the compromise having been arrived at between the parties, the criminal case pending before the trial court may be quashed so that there may not be any more bitterness between them and they may live their life peacefully. They have submitted on the strength of the case in B.S. Joshi & Ors. v. State of Haryana and another: (2003 RCC (SC) 400) that the High Court in exercise of its inherent powers can quash criminal proceedings or F.I.R. or complaint and Section 320 Cr.P.C. does not limit or affect the powers under Section 482 Cr.P.C. 5. Keeping in view the law laid down by their Lordships of the Hon'ble Apex Court in the aforementioned authority and considering the facts and circumstances of the present case, the criminal proceedings pending in the Court of Munsiff and Judicial Magistrate, Jaipur City, Jaipur in Cr. Case No. 104/1999 for offences under Sections 498-A and 406 I.P.C. deserves to be quashed for securing the ends of justice. 6. In the result, this criminal misc. petition is allowed and Cr. Case No. 104/1999 pending in the Court of Munsiff and Judicial Magistrate, Jaipur City, Jaipur for offences under Sections 498-A and 406 I.P.C. is hereby quashed.Petition allowed. *******