Uttam Chand and Others vs State of Rajasthan and Another

Harbans Lal, J.—This criminal misc. petition u/s 482, Cr.P.C. has been filed for quashing the order dated 2.12.2005.

Respondent No. 2 Mrs. Rajeshwari Mohan Sharma filed a complaint against petitioners before the Court of learned Additional Civil Judge (Junior Division) and Judicial Magistrate No. 20, Jaipur City, Jaipur which was forwarded by the Court u/s 156(3) Cr.P.C. to Police Station Brahmpuri, Jaipur whereupon FIR No. 7/1999 came to be registered against the petitioners. The police after investigation filed charge-sheet against the petitioners for offences under Sections 498-A and 406, IPC.

Learned Counsel for the parties have jointly submitted that in view of the compromise having been arrived at between the parties, these proceedings may be quashed so that there may not be any more bitterness between them and they may live their life peacefully. They have submitted on the strength of the case of B.S. Joshi and Ors. v. State of Haryana and Anr. 2 (2003) CCR 57 (SC) : 2003 RCC (SC) 400, that the High Court in exercise of its inherent powers can quash criminal proceedings or FIR or complaint and Section 320, Cr.P.C. does not limit or affect the powers u/s 482, Cr.P.C.

Keeping in view the law laid down by their Lordships of the Hon''ble Apex Court in the aforementioned authority and considering the facts and circumstances of the present case, the criminal proceedings in the aforesaid case pending between the parties deserve to be quashed for securing the ends of justice.

In the result, this criminal misc. petition u/s 482, Cr.P.C. is allowed and the order dated 2.12.2005 passed by learned Addl. Civil Judge (Junior Division) & Judicial Magistrate No. 20, Jaipur City, Jaipur and the Criminal proceedings pending in Cr. Case No. 1617/1999 in the aforesaid Court are hereby quashed.