JUDGMENT 1. - This Misc. petition has been filed for quashing of F.I.R. No. 1/2010 and the proceedings undertaken in furtherance thereof by the learned Court below. 2. It has been submitted by the counsel for the petitioner that the report was lodged against the petitioners for the offences under Sections 498 (sic 498A) and 406 Indian Penal Code and Section 4 of Dowry Prohibition Act. 3. Further it has been submitted by the counsel for the petitioners that both the parties have subsequently arrived to a amicable settlement and compromise had been submitted before the learned Court below. The learned Court below has compounded the offence under Section 406 Indian Penal Code, however, the learned trial Court has ordered to proceed for the offence under Section 498A Indian Penal Code and Section 4 of the Dowry Prohibition Act. It has also been submitted by the counsel for the petitioners that during the intervening period, the decree of divorce under Section 13-B of the Hindu Marriage Act has been passed on 4.8.2011 by the learned Family Court No. 3, Rohini Courts, Delhi. 4. The aforesaid facts have not been controverted by the learned counsel for the complainant-respondent No. 2. 5. After having considered the facts. and circumstances of the case as revealed from the material placed on record as well as the submissions made by learned counsel for the parties and in view of the fact that the instant case relates to the matrimonial relations between the parties, who have entered into a compromise, it would be in the interest of justice as also in the interest of both the spouses that the present criminal proceeding should not be allowed to continue. In case the criminal proceedings are otherwise continued, despite of the compromise, then the cordial relations between the parties, which have developed because of the amicable settlement, may be strained. 6. The Hon'ble Apex Court has also in the case of B.S. joshi and others v. State of Haryana and another, reported in (2003) 4 SCC 675 , has held that in the matters of matrimonial dispute/offences, to encourage genuine settlement, the Court should exercise its inherent powers so as to bring to an end the impugned proceedings. 7.
6. The Hon'ble Apex Court has also in the case of B.S. joshi and others v. State of Haryana and another, reported in (2003) 4 SCC 675 , has held that in the matters of matrimonial dispute/offences, to encourage genuine settlement, the Court should exercise its inherent powers so as to bring to an end the impugned proceedings. 7. In view of above, this Court is of the opinion that the impugned proceedings pending before the Metropolitan Magistrate No. 12, Jaipur in Criminal Case No. 70/2011 arising out of F.I.R. No. 1/2010 registered at Police Station, Mahila Thana, Jaipur City (South) be quashed and set-aside. 8. Accordingly this criminal misc. petition stands allowed.Petition allowed. *******