Satya Prakash Pathak, J. - (1.) BY this criminal misc. petition under Section 482 Cr.P.C., the petitioners have prayed for quashing of the proceedings, pending in the Court of learned Additional Chief Judicial Magistrate No. 2, Udaipur in Case No. 04/2005 (State v. Manmohan Singh and Ors).
(2.) IN nut -shell case of the petitioners is that petitioner No. 1 Manmohan Singh and non -petitioner No. 2 Parminder Kaur alias Pammi got married but on account of mis -understanding, the marriage did not succeed and ultimately divorce has taken place between the parties on 27.06.2007. The parties have reached to a compromise, not to continue any further litigation and wants to live peacefully in future separately, therefore, submitted a compromise before the learned trial Court for the offence under Sections 498A and 406 IPC, but the learned trial Court refused to attest the compromise for the reason that the above said offences are not compoundable and rejected the application so moved vide order dt. 02.12.2006 in Criminal Case No. 4/2005. The contention of learned Counsel for the petitioners is that it is correct that the offences are not compoundable but under the inherent powers under Section 482 Cr.P.C for securing ends of justice this Court is fully empowered to quash the proceedings under Sections 498A and 406 IPC and Section 320 Cr.P.C. would not be a bar to the exercise of such powers when it becomes necessary in the interest of justice but at the same time it dependents on the facts and circumstances of each case. It is submitted further that the husband and wife are not living together and divorce has taken place between them, therefore, to keep such proceedings pending is of no consequence and to compel the parties to pursue the litigation. He has placed reliance on a decision rendered by the Hon 'ble Supreme Court reported in , 2003 (Suppl) Cri.L.R. (SC) 526 (B.S. Joshi and Ors. v. State of Haryana and Anr.).
(3.) LEARNED Counsel for non -petitioner has not disputed the factual aspect of the matter and confirmed the fact that the parties have entered into a compromise and do not want to continue with the litigation and divorce has taken place between the parties.;