BRIJ MOHAN Vs. STATE OF RAJ. & ANR.
LAWS(RAJ)-2005-2-109
HIGH COURT OF RAJASTHAN
Decided on February 16,2005

BRIJ MOHAN Appellant
VERSUS
State of Raj. And Anr. Respondents

JUDGEMENT

K.C. Sharma, J. - (1.) Heard counsel for the parties. The matrimonial dispute between the parties which resulted into criminal proceedings under Sections 498-A and 406 IPC pending in the court of Judicial Magistrate, No. 2, Alwar has been settled amicably and the parties have entered into compromise. Having compromised the matter, both the parties submitted compromise before the trial court. Thereafter the petitioner and respondent also filed a joint application seeking permission to compound the offence, but the learned trial court dismissed the said application vide its order dated 31.8.2004 on the ground of bar created by Section 320 Cr.RC. Hence the present petition. It is well settled that while exercising inherent jurisdiction the court should encourage genuine settlements of the cases arising out of matrimonial disputes. While considering the object of introducing Chapter XX-A containing Section 498-A, their Lordships of the Supreme Court in V.S. Joshi and others v. State of Haryana (2003) 4 SCC 675 have observed as under: "There is no doubt that the object of introducing Chapter XX-A containing Section 498-A in the Indian Penal Code was to prevent torture to a woman by her husband or by relatives of her husband. Section 498-A was added with a view to punishing a husband and his relatives who harass or torture the wife to coerce her or her relatives to satisfy unlawful demands of dowry. The hypertechnical view would be counterproductive and would act against interest of women and against the object for which this provision was added. There is every likelihood that non-exercise of inherent power to quash the proceedings to meet the ends of justice would prevent women from settling earlier. That is not the object of Chapter XX-A of the Indian Penal Code." Mr. Nasimuddin Kazi, learned counsel appearing for the respondent wife and the counsel for the petitioner have stated at the bar that petitioner and respondent are living separately under a decree of divorce dated 31.8.2004 having been granted under Section 13-B of the Hindu Marriage Act. Having gone through the contents of the petition, the papers annexed therewith and on the basis of statement made by counsel for the parties, I am satisfied that parties have genuinely settled their matrimonial dispute, inasmuch as the husband and wife have sought divorce decree by mutual constant and have started living separately with no grievance against each other. In this view of the matter, I find it to be a fit case where inherent jurisdiction under Section 482 Cr.RC. should be exercised. For the reasons aforesaid, I allow this petition and quash the proceedings against the accused petitioner pending in the court of Judicial Magistrate No. 2, Alwar in criminal case No. 508/2003. Petition allowed-Proceedings before trial court quashed.;


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