Sandeep Mehta, J. - (1.) The present petition has been filed by the petitioners seeking quashing of the proceedings in Criminal Regular Case No.1030/2002 (350/2000) pending in the court of learned Judicial Magistrate, First Class, No.1 Bikaner arising out of FIR No.185/2000, registered at police Station Sadar, Distt. Bikaner and against the order dated 25.07.2011 passed by the learned Judicial Magistrate, First Class, No.1, Bikaner, whereby, he has refused to permit compounding of the proceedings for offence under Section 498-A IPC despite a compromise being submitted in this regard.
(2.) Assailing the order impugned, learned counsel for the petitioners submits that in this matter, subsequent to filing of the FIR and the charge-sheet against the petitioners, the husband and wife i.e. the petitioner No.1 and respondent No.2 entered into a compromise and have started living together as husband and wife after burying their differences. He submits that a written compromise for compounding of the criminal case under Section 498-A IPC was filed in the court below, but the court below has refused to drop the proceedings for offence under Section 498-A IPC, whilst accepting the compromise for offences under Sections 406 and 323 IPC.
(3.) Learned counsel for the petitioners submits that the dispute in the matter was essentially regarding matrimonial differences between the spouses. Now, the said dispute has been settled and the two spouses i.e. the petitioner No.1 and the complainant are living together as husband and wife. Learned counsel further submits that in this view of the matter, if the proceedings are permitted to be continued, then, it will lead to disharmony being revived between the spouses, thereby, defeating the very purpose of the compromise. It has further been submitted that the ends of justice require that the criminal proceedings should not be permitted to be continued. The social public interest also requires that the matrimonial disputes should be settled by mutual consent.;