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Virendra Singh vs State Of Rajasthan on 27 August, 2018

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 2559/2018

1. Virendra Singh S/o Sh. Raghuveer Singh Rajawat, Aged
About 40 Years,

2. Smt. Veena W/o Shri Raghuveer Singh Rajawat, Aged
About 61 Years,

3. Raghuveer Singh S/o Shri Bajrang Singh Rajawat, Aged
About 65 Years,

4. Raj Singh S/o Shri Raghuveer Singh Rajawat, Aged About
35 Years,
All residents of 5-A, Vishwakarma Nagar, Behind Cold
House, Bhadvasia, Mandore Road, Jodhpur

—-Petitioners
Versus

1. The State Of Rajasthan

2. Vandana D/o Shri Nirbhay Singh Chouhan, R/o 23 B.G.

Nagar, Near Samta Nagar, Bedla, Udaipur
—-Respondents

For Petitioners : Mr. Laxman Bishnoi
For Respondent No.1 : Mr. V.S. Rajpurohit, Public Prosecutor
For Respondent No.2 : Mr. Dinesh Bishnoi

HON’BLE MR. JUSTICE VIJAY BISHNOI

Judgment / Order

27/08/2018

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

been preferred by the petitioners with the prayer for quashing the

proceedings pending against them before the Judicial Magistrate

No.2 North, Udaipur (hereinafter to be referred as ‘the trial court’)

in Criminal Case No.367/2012 (arising out of FIR No.197/2012 of

Police Station Sukher, District Udaipur), whereby the trial court

vide order dated 29.06.2018 has attested the compromise for the
(2 of 5) [CRLMP-2559/2018]

offence punishable under Section 406 IPC but refused to attest the

compromise for the offence punishable under Section 498-A IPC

as the same is not compoundable.

In the instant case the respondent No.2 filed a complaint in

the trial court under Section 156(3) Cr.P.C. and the same was

forwarded to the Police Station Sukher, District Udaipur, whereof

the FIR No.197/2012 was registered against the petitioners. After

investigation, the police filed charge-sheet against the petitioners

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

the trial court wherein the trial is pending against the petitioners

for the aforesaid offences. During the pendency of the trial, an

application was preferred on behalf of the respondent No.2 while

stating that both the parties have entered into compromise and,

therefore, the proceedings pending against the petitioners may be

terminated. The trial court vide order dated 29.06.2018 allowed

the parties to compound the offence punishable under Section 406

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

compounding the offence punishable under Section 498-A IPC.

The present criminal misc. petition has been preferred by the

petitioner for quashing the said proceedings against them.

Learned counsel for the petitioners has argued that as the

complainant-respondent No.2 and the petitioners have already

entered into compromise and on the basis of it, the petitioners

have been acquitted for the offence punishable under Section 406

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

offence punishable under Section 498-A IPC. It is also contended

by learned counsel for the petitioners that the petitioner No.1 and

the respondent No.2 have decided to live separately by mutual
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consent and in this regard an application under Section 13 of the

Hindu Marriage Act, 1955 has already been decided by District

Judge, Udaipur and dissolved the marriage of the petitioner No.1

and the respondent No.2 vide its order dated 02.04.2016. It is

also argued that no useful purpose would be served by continuing

the trial against the petitioners for the offence punishable under

Section 498-A IPC because the same may derail the compromise

arrived at between the parties.

Learned counsel for the respondent No.2 has admitted that

the parties have already entered into compromise and the

petitioner No.1 and the respondent No.2 have decided to live

separately and the respondent No.2 does not want to press the

charges levelled against the petitioners in relation to the offence

punishable under Section 498-A 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 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
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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; 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 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
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in affirmative, the High Court shall be well within its
jurisdiction to quash the criminal proceeding.”

Having considered the facts and circumstances of the case

and looking to the fact that the petitioner No.1 and respondent

No.2 have decided to live separately and in pursuance of that the

District Judge, Udaipur vide order dated 02.04.2017 has dissolved

their marriage, there is no possibility of accused-petitioners being

convicted in the case pending against them. When once the

matrimonial disputes have been settled by the mutual

compromise, then no useful purpose would be served by keeping

the criminal proceedings pending.

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 petitioners before the

Judicial Magistrate No.2 North, Udaipur in Criminal Case

No.367/2012 (arising out of FIR No.197/2012 of Police Station

Sukher, District Udaipur) are hereby quashed.

Stay petition is disposed of.

(VIJAY BISHNOI),J
Abhishek Kumar
S.No.47

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