SHIV KUMAR SHARMA,J. - (1.) SHOULD this Court invoke inherent powers under Section 482 of the Code of Criminal Procedure, for quashing the proceedings of the criminal case of matrimonial offences not compoundable under law, is the crucial question which arises for determination in this petition.
(2.) THIS question has emerged in the following circumstances: (i) Smt. Ulfat Bano was married to petitioner Saleem but their marriage did not p~ove successful. Sarafat Ali, father of Smt. Ulfat Bano instituted FIR against the petitioner Saleem and his parents Vasir Ahmed and Smt. Razia. Police Station Kotwali, Sikar submitted charge -sheet against them under Sections 498A, 406 and 323, IPC in the Court of Civil Judge (J D.) and Judicial Magistrate, Sikar. (ii) During the pendency of Criminal Case No. 57/1996, a compromise was sentered into between the informant Sarafat Ali, his daughter Smt. Ulfat Bano and the petitioners Saleem, Vasir Ahmed and Smt. Razia. There - fore a joint application was filed on 2.1.1997 before the Trial Court seeking permission to compound offences under Sections 498A and 406, IPC. (iii) The Trial Court vide order dated 4.1.1997, rejected the application. (iv) The petitioners have filed this petition under Section 482, Cr.P.C. with a prayer to quash the proceedings of the Criminal Case No. 57/1996 pending before the Trial Court. Inherent powers can be invoked to meet three situations contemplated under Section 482. Firstly, where the jurisdiction is invoked to give effect to an order of Court, secondly, if there is an abuse of the process of the Court and thirdly, in order to secure the ends of justice. A Full Bench of this Court in Mohan Singh v. State of Rajasthan, 1992 (1) Cr. LR19, has observed that permission to compound offences, which are not compoundable under Section 320, Cr.P.C. cannot be granted in exercise of inherent powers.
(3.) BUT in Santokh Singh and Ors. v. State of Rajasthan, 1995 RCC 618=11 (1995) DMC 292, this Court observed thus : 'This Court has taken a consistent view that even though the offences may not be compoundable, hut this Court under its inherent powers can quash the proceedings if the ends of justice so demanded.' ;