MST. RAMESHWARI Vs. STATE

JUDGEMENT

(1.) This petition under Sec. 482 Crimial P.C. has been filed by the wife Smt. Rameshwari with a prayer to quash criminal proceedings in Criminal Case No. 4/93 pending in the court of Munsiff & Judicial Magistrate, Dausa.

(2.) Counsel in this case has been engaged by the Slate Legal Aid Board. It appears that on the complaint made by the petitioner, Crime No. 114/92 was registered at Police Station Nangal Rajawata for the offences under Sections 498-A and 406 Penal Code against the husband and his relatives. It appears that subsequently, the matrimonial dispute between the parties was settled amicably and she joined her husband and started living with him and the in-laws. After being satisfied, the complainant considered it in her interest that further continuance of criminal proceedings may spoil her matrimonial relations, as such, a compromise petition was signed by her, which was duly signed by the accused persons also. The compromise petition was filed before the learned Magistrate with a prayer to permit them to compound the offences. Learned Magistrate declined permission to compound the offences on the ground that the offences were not compoundable. The petitioner, therefore, approached this Court under Sec. 482 Crimial P.C. through Stale Legal Aid Board with a prayer to quash the criminal proceedings pending against the accused persons.

(3.) It is contended by the learned counsel for the petitioner that continuance of criminal proceedings would be detrimental to the matrimonial life of the petitioner, as such, it is in her interest that the proceedings should be quashed. It is also contended that the petitioner has been living with her husband and in-laws peacefully and satisfactorily, as such, it is a fit case in which proceedings should be quashed by this Court while exercising powers under Sec. 482 Crimial P.C., even though the offences may not be compoundable. Reliance is placed on Mrs. Sudha Gupta Vs. State of Rajasthan (1992 R.C.C. 525) . After hearing learned counsel for the petitioner, I am satisfied that it is fit case in which proceedings should be quashed and it would be in the interest of the petitioner that criminal proceedings pending against her husband and in-laws are quashed. The parties have arrived at amicable settlement and the petitioner has been living with her husband peacefully and satisfactorily. In case the criminal proceedings are allowed to continue, it may spoil the matrimonial life and relations which have been developed by amicable settlement. This apprehension is also there that the matrimonial relations may again break, if the complainant prosecutes the criminal case.