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Subhash vs State on 15 January, 2020

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 211/2020

Subhash S/o Shri Madha Ram, Aged About 31 Years, By Caste
Meghwal, R/o Subhash Colony, Nayapura, Pipar City, District
Jodhpur.

—-Petitioner
Versus

1. State, Through Pp

2. Smt. Shobha W/o Subhash, D/o Shri Ram Narain, By
Caste Meghwal, R/o Subhash Colony, Nayapura, Pipar
City, Dist. Jodhpur. Presently R/o Riya Setho Ki, Tehsil
Pipar City, District Jodhpur.

—-Respondents

For Petitioner(s) : Mr. Ajay Kumar
For Respondent(s) : Mr. S.S. Rajpurhit, P.P.

HON’BLE MR. JUSTICE VIJAY BISHNOI

Judgment / Order

15/01/2020

This criminal misc. petition under Section 482 Cr.P.C. has

been preferred by the petitioner with the prayer for quashing the

proceedings pending against the petitioner before the learned

Additional Chief Judicial Magistrate, Pipar City, District Jodhpur

(hereinafter referred to as ‘the trial court’), State vs. Subhash in

Criminal Regular Case No.1577/2018, whereby the trial court vide

order dated 16.12.2019 has attested the compromise for the

offences punishable under Section 406 IPC but refused to attest

the compromise for the offence punishable under Sections 498-A

IPC as the same is not compoundable.

Brief facts of the case are that on a complaint lodged at the

instance of respondent No.2, the Police Station Pipar City, Jodhpur

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registered an FIR No.242/2017 against the petitioner. After

investigation, the police filed charge sheet against the petitioner

for the offences punishable under Sections 498-A and 406 of IPC

in the Additional Chief Judicial Magistrate Pipar City, District

Jodhpur, wherein the trial is pending against the petitioner for the

aforesaid offence. During the pendency of the trial, an application

was preferred on behalf of the petitioner as well as the respondent

No.2 while stating that both the parties have entered into

compromise and, therefore, the proceedings pending against the

petitioner may be terminated.

The learned trial court vide order dated 16.12.2019 has

allowed the parties to compound the offence under Section 406

IPC however, rejected the application so far as it relates to

compounding the offences punishable under Section 498-A IPC.

The present criminal misc. petition has been preferred by the

petitioner for quashing the said proceedings against him.

Learned counsel for the petitioner has argued that as the

complainant-respondent No.2 and the petitioner have already

entered into compromise and on the basis of it, the petitioner has

been acquitted for the offence punishable under Section 406 of

IPC, there is no possibility of conviction of the petitioner for the

offence punishable under Sections 498-A of IPC.

The Hon’ble Apex Court while answering a reference in the

case of Gian Singh Vs. State of Punjab Anr. reported in JT

2012(9) SC – 426 has held as below:-

“57. The position that emerges from the
above discussion can be
summarised thus: the power of the

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High Court in quashing a criminal
proceeding or FIR or complaint in
exercise of its inherent jurisdiction
is distinct and different from the
power given to a criminal court for
compounding the offences under
Section 320 of the Code. Inherent
power is of wide plenitude with no
statutory limitation but it has to be
exercised in accord with the
guideline engrafted in such power
viz; (i) to secure the ends of justice
or (ii) to prevent abuse of the
process of any Court. In what cases
power to quash the criminal
proceeding or complaint or F.I.R
may be exercised where the
offender and victim have settled
their dispute would depend on the
facts and circumstances of each
case and no category can be
prescribed. However, before
exercise of such power, the High
Court must have due regard to the
nature and gravity of the crime.

Heinous and serious offences of
mental depravity or offences like
murder, rape, dacoity, etc. cannot
be fittingly quashed even though
the victim or victim’s family and the
offender have settled the dispute.
Such offences are not private in
nature and have serious impact on
society. Similarly, any compromise
between the victim and offender in
relation to the offences under
special statutes like Prevention of
Corruption Act or the offences
committed by public servants while
working in that capacity etc;

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cannot provide for any basis for
quashing criminal proceedings
involving such offences. But the
criminal cases having
overwhelmingly and pre-

dominatingly civil flavour stand on
different footing for the purposes of
quashing, particularly the offences
arising from commercial, financial,
mercantile, civil, partnership or
such like transactions or the
offences arising out of matrimony
relating to dowry, etc. or the family
disputes where the wrong is
basically private or personal in
nature and the parties have
resolved their entire dispute. In
this category of cases, High Court
may quash criminal proceedings if
in its view, because of the
compromise between the offender
and victim, the possibility of
conviction is remote and bleak and
continuation of criminal case would
put accused to great oppression
and prejudice and extreme injustice
would be caused to him by not
quashing the criminal case despite
full and complete settlement and
compromise with the victim. In
other words, the High Court must
consider whether it would be unfair
or contrary to the interest of justice
to continue with the criminal
proceeding or continuation of the
criminal proceeding would
tantamount to abuse of process of
law despite settlement and
compromise between the victim
and wrongdoer and whether to

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secure the ends of justice, it is
appropriate that criminal case is
put to an end and if the answer to
the above question(s) is in
affirmative, the High Court shall be
well within its jurisdiction to quash
the criminal proceeding.”

Keeping in view the observations made by the Hon’ble

Supreme Court in Gian Singh’s case (supra), this Court is of the

opinion that it is a fit case, wherein the criminal proceedings

pending against the petitioners can be quashed while exercising

powers under Section 482 Cr.P.C.

Accordingly, this criminal misc. petition is allowed and the

criminal proceedings pending against the petitioner before the

learned Additional Chief Judicial Magistrate, Pipar City, District

Jodhpur in Criminal Regular Case No.-1577/2018 (State vs.

Subhash) are hereby quashed.

(VIJAY BISHNOI),J

120-Taruna/-

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