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2014 DIGILAW 83 (RAJ)

Bijendra Singh Gurjar v. State

2014-01-06

NISHA GUPTA

body2014
ORDER By the Court This Petition has been filed under Section 482 Cr.P.C. for quashing the proceedings initiated against the petitioners in Criminal case no.334/2011 arising out of FIR No.34/2011 registered at Police Station Sikendra, Dausa for the offence u/s 498-A IPC. Heard learned counsel for the parties. The petitioner is facing trial before the learned Civil Judge (J.D.) and Judl. Magistrate First Class, Sikrai, Dausa in Criminal case no.334/2011 for offences under Sections 498A, 323 and 406 IPC. An application seeking permission from the Court for compounding the offences against the petitioners was filed along with the compromise. Learned Trial Court vide impugned order dated 5.7.2013 accepted the compromise in respect of offence under Sections 323 & 406 IPC and granted permission to the parties to compound the said offence, but learned trial court declined to attest the compromise for offence under Section 498-A IPC because as per Section 320 Cr.P.C., said offence is not compoundable. Learned counsel for the petitioners submitted that in view of decisions rendered by the Hon’ble Supreme Court in the case of B.S. Joshi & Others Vs. State of Haryana & Another, (2003) 4 SCC 675 ; Nikhil Merchant Vs. Central Bureau of Investigation & Another, (2008) 9 SCC 677 ; Manoj Sharma Vs. State & Others, (2008) 16 SCC 1 and Gian Singh Vs. State of Punjab & Ors., 2012 Cr.L.R. (SC) 883 : (2012) 10 SCC 303 , the compromise can be accepted while exercising the powers under Section 482 Cr.P.C. Learned counsel for the petitioners submitted that the parties have entered into a compromise in this matter. The parties are also present in the Court and Court directed the Deputy Registrar (Judicial) to verify the compromise. In compliance of the order of the Court, the Deputy Registrar(Judicial) has verified. The Hon’ble Supreme Court in B.S. Joshi (supra), Nikhil Merchant(supra), Manoj Sharma(supra) and Gian Singh(supra) dealing with the similar controversy with reference to exercise of jurisdiction under Section 482 Cr.P.C. has held that even if offence is not compoundable, but to secure interest of justice, the High Court in exercise of its inherent powers can quash the FIR, criminal proceedings or complaint under Section 482 of the Code of Criminal Procedure. In view of above, criminal proceedings pending in criminal case no.334/2011 pending in the court of learned Civil Judge (J.D.) and Judl. In view of above, criminal proceedings pending in criminal case no.334/2011 pending in the court of learned Civil Judge (J.D.) and Judl. Magistrate First Class, Sikrai, Dausa for the offence u/s 498-A IPC are quashed in view of the compromise and petitioners are acquitted of the charge u/s 498A IPC. The Misc. Petition is allowed as above.