SACHINDRA MAHAVAR & ORS. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This petition under Sec. 482 Crimial P.C. is directed against the order dated 30.5.03, whereby learned A.C.J.M. No. 3, Ajmer, dismissed the application jointly moved by husband and wife (accused and complainant) for compromise under Sec. 498A, 406 Penal Code and under Sections 3, 4 and 6 of the Dowry Prohibition Act, 1961.

(2.) Mr. Gupta represents both husband and wife and contends that divorce petition has been withdrawn on the basis of compromise and the order passed by the Family Court, Ajmer with regard to compromise is Annexure 1. He further contends that both of them have a daughter, who is a student in Sophia School, at Ajmer and both husband and wife are residing peacefully, therefore, proceedings of the Cr. Case No. 1476/2000 State Vs. Sachindra Mahavar and others should be quashed. Reliance is placed upon B.S. Joshi and Ors. Vs. State of Haryana and Anr., reported in JT (2003(3) S.C. 277 wherein Honble the Apex Court held that Court has a duty to encourage genuine settlements of matrimonial disputes. Where chances of an ultimate conviction is bleak, the court while taking into consideration the special facts of the case can quash the criminal proceedings. Any hyper technical view on the provisions of section 498A would be counter productive and act against the interest of women and against the object for which the provision was enacted. Therefore, High Court in exercise of its inherent powers can quash criminal proceedings or F.I.R. or complaint and Sec. 320 of the Code does not limit or affect the powers of the court under Sec. 482 of the Code.

(3.) In view of the judgment of Honble Apex Court, this petition deserves acceptance.