Mohammad Rafiq, J. - (1.) THIS petition under Section 482 Code of Criminal Procedure seeks quashing of criminal proceedings against accused -Petitioner for offence Under Section 498A in Criminal Case No. 337 pending in Court of learned Additional Chief Judicial Magistrate Gangapurcity, in view of compromise between the parties.
(2.) RESPONDENT No. 2 is wife of Petitioner. She lodged FIR bearing FIR No. 323/2007 at Police Station Gangapurcity, against Petitioners for offence Under Sections 498A and 406 IPC. After investigation, police submitted charge -sheet before trial court, which is pending for consideration. Now, both the parties have entered into a compromise and have been living together. On the basis of compromise, both the parties i.e. husband and wife filed an application on 01.04.2010 before trial court for dropping the proceedings in the case. Said application has been dismissed by learned trial court on 01.04.2010 itself. Therefore, inherent jurisdiction of this Court has been invoked by way of this petition under Section 482 Code of Criminal Procedure Petitioner husband and Respondent wife have been identified by their respective counsel.
(3.) IT is contended by learned Counsel for Petitioner that in view of judgment of Hon'ble Apex Court in Manoj Sharma v. State and Ors. : (2008) 16 SCC 1, B.S. Joshi and Ors. v. State of Haryana and Anr. : (2003) 4 SCC 675 : 2003 RCC (SC) 400, proceedings against Petitioner for offence under Section 498A IPC in the court below may be quashed.;