SHEELA DEVI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) With the consent of the parties the matter was finally heard at admission stage.

(2.) Learned counsel for the petitioners submits that this present Misc. Petition under Section 482, Cr.P.C. has been filed for quashing of all criminal proceedings of criminal case arising out of FIR No. 388/2000 pending against the petitioners No.2 Rajendra Sharma and petitioner No.3 Swaroop Narain Sharma before, the Court of Additional Chief Judicial Magistrate No.3. Bharatpur for the offence under Sections 498-A and 406, IPC as the parties have entered into compromise. Learned counsel for the petitioners further submits that both the accused-petitioners as well as complainant-petitioner filed an application before the learned. Additional Chief Judicial Magistrate No.3, Bharatpur and the complainant Smt. Sheela Devi specifically contended that on account of the compromise entered into between the parties for better future she do not want to pursue the matter against the accused petitioners No.2 & 3. Learned Additional Chief Judicial Magistrate No. 3. Bharatpur has declined the prayer on the ground that he has no power to compound the case under Sections 498-A & 406, IPC. Therefore, this present Misc. Petition is preferred before this Court.

(3.) Learned Counsel for the petitioners placed reliance on the judgment reported in Kishore Kumar v. State of Rajasthan where in this Court was of the view that approach of the Court also holds true in case of an irretrievable marriage. If the husband and wife finally decide to live separately and seek mutual divorce by consent and effective and substantial steps are taken regarding permanent alimony for the wife and her articles and valuables of stridhan are returned and if such a wife does not want to press and pursue her criminal complaint filed under Section 498-A IPC, and was of the considered opinion that continuance of such a criminal proceeding shall tantamount to abuse of the process of Court and that to secure ends of justice, this Court by invoking inherent power under Section 482, Cr.P.C. should quash such proceedings, which may unnecessarily prolong the litigation between the husband and wife and their relatives and give rise to acrimonious relations between them.