MOHD TAHIR Vs. STATE OF U P

JUDGEMENT

(1.) K. N. Sinha, J. The present application under Section 482 Cr. P. C. has been filed for quashing of the order dated 30-5- 2003 and entire criminal proceeding of Case No. 2937-A of 2002, State v. Mohd. Tahir, pending in the Court of Judicial Magistrate, Court No. 12, Basti.

(2.) THE brief facts, giving rise to this application, are that Smt. Kudrutunnisha was married with Mohd. Talib who later on divorced her on 8-10-2001. Smt. Kudrutunnisha lodged a report under Section 498-A I. P. C. and 3/4 D. P. Act which was registered as case Crime No. 345 of 2001 in which the applicant was not named as accused. A chargesheet was submitted against the named accused in which the trial proceeded and the party filed compromise but the Court recorded the evidence and criminal case No. 2937 of 2002 ended in acquittal. THE other case filed by Smt. Kudrutunnisha under Section 125 Cr. P. C. was also decided in terms of compromise which is Annexure-4.

(3.) SO far as the compromise has been rejected, holding that the offence is not compoundable and the bar created by Section 320 Cr. P. C. cannot be crossed over by this compromise, is concerned, it is held in B. S. Joshi and others v. State of Haryana and another, JT 2003 (3) SC 277, that the High Court in exercise of its inherent powers, can quash criminal proceedings of FIR or complaint and Section 320 of the Code does not limit or affect the powers under Section 482 of the Code.