Harbans Lal, J. - (1.) The instant petition under Section 482 Cr.RC. seeks quashing of the criminal proceedings initiated against the petitioners for the offences under Sections 498-A and 406 IPC.
(2.) Briefly stated, the relevant facts are that non-petitioner No. 2 was married to petitioner No. 3 on 23.9.1999. She lodged a criminal case against her husband and her parents-in-law whereupon FIR No. 225/01 RS. Brahmpuri was registered for the offences under Sections 498-A and 406 IPC. After investigation a charge-sheet was filed against the parents-in-law and investigation was kept pending as against the husband under Section 173(8) of the Code of Criminal Procedure, 1973. It appears that the dispute between the parties came to be amicably settled. As such, non-petitioner No. 2 moved an application before the learned court below for permission to compound the offences. As the offences under Section 498-A IPC is non- compoundable, the prayer was declined vide order dated 20.9.2003. Therefore, the accused-petitioners have invoked the inherent jurisdiction of this Court under Section 482 Cr.RC. for quashing the criminal proceedings as also the order dated 20.9.2003. It further appears that after investigation the police has filed negative final report as against the husband stating that no sufficient material could be collected against him during the investigation for filing charge-sheet against him. The non-petitioner No. 2 also submitted an application before the concerned Magistrate praying that the aforesaid negative final report filed against her husband may be accepted.
(3.) Learned counsel for the parties have jointly submitted before me that the criminal proceedings arising out of FIR No. 225/01 RS. Brahmpuri may be quashed and set-aside in view of the mutual compromise and amicable settlement between the parties so that there may not be any more bitterness between them and they may live their life peacefully. Reliance has been placed upon the case of B.S. Joshi and Anr. v. State of Haryana and Ors. (2003)4 SCC 675 wherein it has been held by the Apex Court that the High Court can quash the criminal proceedings or FIR or complaint in matrimonial cases in exercise of its inherent powers vested in the High Court under Section 482 Cr.RC. The law laid down in the aforementioned authority has been followed by Single Bench of this Court in the cases of Smt. Suresh Kanwar and ors. v. State 2004(1) Cr.L.R. (Raj.) 204 and Shankerlal v. State (2004(1) Cr.L.R. (Raj.) 246 and some other cases. Learned PP also could not controvert this.;