HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
S.B.Criminal Misc(Pet.) No. 688 / 2017
Deepak Dave S/o Sh. Shyam Narayan Dave, by caste
Brahmin R/o House No. 18, Sector No. 6, Hiran Magri,
1. State of Rajasthan
2. Smt. Garima Dave @ Garima Shrimali W/o Sh. Deepak Dave
D/o Arush Shrimali., R/o House No. 98, Navratan Complex,
Bedla Road, Udaipur.
For Petitioner(s) : Mr. Deepak Menaria
For Respondent(s) : Mr. M.S.Panwar, P.P., for the State
Mr. Sabir Khan, for the complainant.
HON’BLE MR. JUSTICE P.K. LOHRA
Petitioner has laid this criminal misc. petition under
Section 482 Cr.P.C. for quashing order dated 28.01.2017 and
the entire proceedings related to criminal case No.253/2016,
pending in the Court of Additional Chief Judicial Magistrate
Learned counsel for the petitioner, at the outset, submits
that there was a trivial dispute between accused and the
complainant culminating into the aforesaid criminal case and
(2 of 3)
the criminal prosecution of the petitioner. It is also submitted
by learned counsel for the petitioner that parties have sorted
out their dispute and eventually compromise has been arrived
at between the rival parties. In view of compromise between
the parties, it is submitted by the learned counsel that now it
is not worthwhile to continue further proceedings in the
Learned counsel appearing for the complainant has very
candidly submitted that compromise has been arrived at and
now no dispute, as such, survives between the parties.
By relying on the compromise, learned trial Court has
compounded offence punishable under Section 406 IPC but
declined for the offence under Section 498-A IPC by citing
embargo under Section 320 Cr.P.C.
While, it is true that the offence attributed to the
petitioner, i.e. under Section 498A IPC is not compoundable
under Section 320 Cr.P.C, but then now a compromise has
been arrived at between the rival parties, this Court can very
well exercise its inherent powers under Section 482 Cr.P.C. ex
debito justitiae. Reliance, in this behalf, can be profitably
made to a decision in Gian Singh Vs. State of Punjab Anr.
reported in JT 2012(9) SC 426. In this verdict, Supreme
Court has held that inherent powers of this Court under
(3 of 3)
Section 482 Cr.P.C. are independent of Section 320 Cr.P.C.
and in the event of compromise being arrived at, Court can
very well exercise its inherent powers to clog the proceedings
Taking into account the entire fact scenario, the
instant petition is allowed. The impugned order dated
28.01.2017 and the entire proceedings related to criminal
case No.253/2016, pending in the Court of Additional Chief
Judicial Magistrate No.2, Udaipur, are also hereby quashed
and set aside.