Imran vs State Of Rajasthan (2024:Rj-Jd:43117)
2024 Latest Caselaw 9217 Raj

Rajasthan High Court - Jodhpur

Imran vs State Of Rajasthan (2024:Rj-Jd:43117) on 21 October, 2024

[2024:RJ-JD:43117]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                S.B. Criminal Misc(Pet.) No. 7289/2024
Imran S/o Sh. Zakir Hussain, Aged About 26 Years, R/o Pipar
City Ps Pipar Dist Jodhpur.
                                                                       ----Petitioner
                                       Versus
1.       State Of Rajasthan, Through Pp
2.       Smt. Surya Bano W/o Imran, R/o Near Vyapariyo And
         Harijan Basi, Surpura Road, Bhopalgarh Dist. Jodhpur.
                                                                    ----Respondents


For Petitioner(s)            :     Mr. Javed Hussain.
For Respondent(s)            :     Ms. Sonu Manawat, PP
                                   Mr. J.K. Suthar - R/2.

               HON'BLE MR. JUSTICE ARUN MONGA

Order (Oral) 21/10/2024

1. Quashing of Criminal Proceedings bearing Criminal Case

No.219/2024 pending before the learned Judicial Magistrate

Jodhpur District, pursuant to an FIR No.38/2024, dated

16.05.2024, registered at Police Station Mahila Thana, Jodhpur

Rural, for the alleged offences under Sections 498-A, 406 & 323 of

IPC, is sought herein, on the basis of compromise arrived between

the parties.

2. On a Court query qua the genuineness of the compromise,

learned counsel for the petitioner relies on an order of the learned

trial court dated 30.07.2024 and submits that based on the same

very compromise, proceedings under Sections 406 & 323 of IPC

were dropped against the petitioner. However, as the remaining

offence i.e. 498-A of IPC is of non-compoundable nature, the

same has not been dropped by the learned trial court.

3. Learned counsel for the petitioner submits that petitioner

(husband) and respondent No.2 (complainant-wife) have amicably

[2024:RJ-JD:43117] (2 of 2) [CRLMP-7289/2024]

settled their differences and decided to dissolve their marriage, for

which they have filed divorce petition. Therefore, the criminal

proceedings deserves to be quashed.

4. Learned Public Prosecutor and learned counsel for the

complainant concur with the fact of compromise and submit that

in view of the compromise, they have no objection.

5. The genuineness of compromise is not in dispute. However,

since the trial Court was not empowered to compound certain

offences, the criminal proceedings could not be quashed. In the

premise, in the larger interest of justice, invoking inherent powers

vested with this Court under Section 482 Cr.P.C. (Now Section 528

of BNSS), it is deemed expedient to quash the FIR and all

consequential proceedings arising therefrom for mutual good

relations between the parties and to maintain societal peace.

Reference in this context may be had to judgment rendered in the

case of Gian Singh Vs. State of Punjab & Anr. [(2012) 10

SCC 303].

6. Accordingly, the present petition is allowed. Criminal Case

No.219/2024 pending before the learned Judicial Magistrate

Jodhpur District, pursuant to an FIR No.38/2024, dated

16.05.2024, registered at Police Station Mahila Thana, Jodhpur

Rural, for the alleged offences under Sections 498-A, 406 & 323 of

IPC, is hereby quashed on the basis of compromise arrived

between the parties.

7. Pending application(s), if any, also stand disposed of.

(ARUN MONGA),J.

87-Rmathur/-

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