JUDGMENT 1. - The instant petition under Section 397 read with Section 401 Cr.P.C. seeks quashing of the order dated 11.10.2006 passed by learned Special Judge, Scheduled Caste/Scheduled Tribe (Prevention of Atrocities) Cases, Ajmer in Criminal Appeals No. 31/2006 and 32/2006 whereby judgment of conviction and sentence of learned Judicial Magistrate (Junior Division), Ajmer City (West), Ajmer in Criminal Case No. 276/90 dated 28.9.2005 convicting and sentencing the accused petitioners for offence under section 498-A read with section 34 I.P.C. for rigorous imprisonment for three years with fine of Rs. 500/- has been confirmed. Hence, this revision petition. 2. On 16.10.2006, complainant-non-petitioner No. 2 Smt. Padma Sharma W/o Prem Narain Sharma, accused-petitioner No. 1 filed a compromise before this Court to the effect that she has no objection in case revision petition is allowed. 3. On the basis of the above compromise filed by the complainant, this court vide order dated 16.10.2006 suspended the sentence of the accused-petitioners. 4. Learned counsel for the parties have jointly submitted that since the complainant has no objection, they have, therefore, prayed that conviction and sentence of the accused-petitioners may be quashed in view of the judgment of the Hon'ble Apex Court in B.S. Joshi & Ors. v. State of Haryana and another, 2003 (1) WLC (SC) Cri. 579 : 2003 RCC (SC) 400 wherein it has been clearly held that the High Court in exercise of its inherent powers can quash criminal proceedings / F.I.R. / complaint and Section 320 Cr.P.C. does not affect or limit the inherent powers vested in this Court under Section 482 Cr.PC. 5. Thus, considering the facts and circumstances of the case, having regard to the compromise arrived at between the parties on the basis of which sentence of the accused-petitioners has already been suspended vide order dated 16.10.2006 and keeping in view the law laid down by the Hon'ble Apex Court in the aforementioned authority, the judgment and orders of the learned trial court and the appellate court deserve to be quashed for securing the ends of justice. 6. In the result, this petition u/S. 397 read with Section 401 Cr.P.C. is allowed.
6. In the result, this petition u/S. 397 read with Section 401 Cr.P.C. is allowed. Accordingly, the order of the appellate court i.e. learned Special Judge, Scheduled Caste/Scheduled Tribe (Prevention of Atrocities) Cases, Ajmer dated 11.10.2006 passed in Criminal Appeals No. 31/2006 and 32/2006 as well as judgment of conviction and sentence of learned Judicial Magistrate (Junior Division), Ajmer City (West), Ajmer passed in Criminal Case No. 276/90 dated 28.9.2005 convicting and sentencing the accused petitioners for offence u/S. 498-A read with section 34 I.P.C. for rigorous imprisonment for three years with fine of Rs. 500/- are quashed and set-aside.Revision Allowed. *******