BRIJ MOHAN Vs. STATE OF RAJ. & ANR.

JUDGEMENT

(1.) Heard counsel for the parties. The matrimonial dispute between the parties which resulted into criminal proceedings under Sections 498-A and 406 Penal Code pending in the court of Judicial Magistrate, No. 2, Alwar has been settled amicably and the parties have entered into compromise. Having compromised the matter, both the parties submitted compromise before the trial court. Thereafter the petitioner and respondent also filed a joint application seeking permission to compound the offence, but the learned trial court dismissed the said application vide its order dated 31.8.2004 on the ground of bar created by Sec. 320 Cr.RC. Hence the present petition. It is well settled that while exercising inherent jurisdiction the court should encourage genuine settlements of the cases arising out of matrimonial disputes. While considering the object of introducing Chapter XX-A containing Sec. 498-A, their Lordships of the Supreme Court in V.S. Joshi and others Vs. State of Haryana (2003) 4 SCC 675 have observed as under: