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. 3, Bikaner in C.R Case No. 1201/2000 State v. Prabhu Dayal and Ors.
(2.) IN nut -shell case of the petitioners is that petitioner No. 1 Prabhu Dayal and non -petitioner No. 2 Smt. Suman got married, however, the accused petitioner started harassing the non -petitioner, therefore, a complaint under Sections 498A and 406 IPC was registered which was sent for investigation to the police under Section 156(3) Cr.P.C. Learned Counsel for the petitioner submits that the parties have entered into a compromise and in this regard an application was filed before the learned trial Court who by its order dt. 13.04.2007 rejected the said application as the offences are not compoundable.
(3.) 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 a compromise between the parties has taken place, 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, 2003Cr.L.R. (SC)(Suppl.) 526 B.S. Joshi and Ors. v. State of Haryana and Anr.;