BRIJENDRA SINGH BHATI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant misc. petition has been filed on behalf of the petitioner challenging the order dated 5.1.2012 passed by the learned Addl. Sessions Judge (Fast Track), No. 3, Jodhpur Metropolitan, Jodhpur in Criminal Appeal No. 84/2011 (308/2011) whereby, the order dated 19.9.2011 passed by the learned Metropolitan Addl. Chief Judicial Magistrate (Economic Offence), Jodhpur in Criminal Case No. 106/2010 (137/2008) allowing the application under Section 12 of the Domestic Violence Act preferred on behalf of the respondent No. 2 has been affirmed.

(2.) Both the learned counsel for the parties have submitted that the parties have settled their dispute and have decided to terminate their ties by mutual consent. Learned counsel further submits that the parties have arrived at a compromise and thus, the orders passed by the learned Courts below deserves to be quashed.

(3.) The Hon'ble Apex Court whilst answering the reference made to it in the case of Gian Singh v. State of Punjab and Anr., reported in JT 2012(9) SC 426, held that in appropriate cases, the High Court can exercise the inherent powers under Section 482 Cr.P.C. for quashing the proceedings pending in the subordinate Courts. In the instant case, the proceedings of the criminal prosecution going on against the petitioner for the offence under Section 498-A I.P.C. have already been quashed by this Court. Challenge in the instant misc. petition has been made to the orders passed in favour of the respondent No. 2 under the provisions of the Domestic Violence Act granting maintenance to her at the rate of Rs. 2,000/- per month. As the respondent No. 2 herself has compromised the matter with the petitioner and consent that the orders passed by the learned Courts below be set aside on the strength of a compromise, the misc. petition deserves to be allowed.