Smt. Deu and Others vs The State of Rajasthan

K.S. Rathore, J.—Heard learned Counsel for the petitioners as well as learned Public Prosecutor for the State.

This misc. petition is filed u/s 482, Cr.P.C. by the petitioners for quashing the proceedings of criminal regular case No. 101/2004 pending before the Judicial Magistrate, First Class, Railmagra, Rajsamand for the offence u/s 498A, 406, 494 and 109 of IPC and u/s 4 of the Dowry Prohibition Act; and against the order dated 14.09.2009 passed by the learned Magistrate, whereby the declined to discharge the petitioners for the offence u/s 498-A and 406, as being non-compoundable offencer.

Lerarned Counsel for the petitioners submits that the parties have settled their dispute by entering into a compromise and are living together. It is contented by the Counsel that the compromise was submitted along with the application before the Court below, however, the trial Court declined to discharge the petitioner from the offence under Sections 498A and 406 as the offences is non-compoundable.

In support of his case, he placed reliance on the judgment rendered by the Hon''ble Supreme Court in the case of B.S. Joshi and Others Vs. State of Haryana and Another, The Hon''ble Supreme Court has observed that:

There is no doubt that the object of introducing Chapter. N.N. A containing Section 498A in the Indian Penal code was to present the tourture to a woman by her husband or by relatives of her husband. Section 498A was added with a view to punshing a husband and the relatives who harases or torture the write to were her or her relatives to satisfy unlawful demand of dowry. The hyper-technical view would be counter productive and would act against interests of women and against the object for which this provision was held. There is even childhood 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 NNA of Indian Penal Code.

Similar view has also been taken by the Hon''ble Supreme Court in the case of Ruchi Agarwal Vs. Amit Kumar Agrawal and Others, wherein the Hon''ble Supreme Court has held that it would be an abuse of process of the Court if the criminal proceedings from which this appeal arise is allowed to continue.

I have given my thoughtful consideration to the submissions advanced by the learned Counsel for the respective parties and also carefully perused the authorities cited before me. Applying the ratio decided by the Apex Court and considering the fact that the parties have settled their dispute by entering into a compromise, so also the petitioner No. 1 is not willing to purse the criminal proceedings against other petitioners, this Court while exercising inherent power deems it proper to quash and set aside the further proceedings u/s 498A and 406 of I.P.C. in Criminal Regular Case No. 101/2004 pending in the Court of Judicial Magistrate, First Class, Railmagra, District Rajsamand.

In the result, the misc. petition standes allowed as indicated herein above. The stay application stands disposed of.