SITA RAM SHANNA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The petitioner has approached this Court with the prayer to quash criminal proceedings pending against him under Sec. 498A IPC in the court of Additional Chief Judicial Magistrate No.6, Jaipur City.

(2.) It appears that on a report made by non-petitioner Smt. Meera Shamla-wife, on 17.4.89 a criminal case was registered at the Police Station and subsequently, a charge-sheet came to be filed under section 498A IPC. The case is now pending in the Court of Additional Chief Judicial Magistrate No.6, Jaipur City, Jaipur. It further appears that subsequently, the husband and wife sorted out their differences and started living together since October, 1992. The wife has no more grievance against the husband and after being fully satisfied with the conduct of her husband and in order to maintain matrimonial relations with him, she moved an application before the trial Court stating therein to have compromised the matter and her intention not to proceed with the criminal matter against her husband. The concerned Magistrate rejected the application as the offence under Sec. 498A IPC is not compoundable. The petitioner has, therefore, approached this Court to quash the proceedings under Section 482 Cr. P.C.

(3.) The wife-Smt. Meera Shamla also appeared before me alongwith her counsel. She admitted that she was living with her husband Sita Ram since October, 1992 and she was happy with him and his family members. She also stated that she is having pregnancy at advance stage from her husband and she does not want to prosecute further the criminal case against her husband. She also stated that in case the criminal proceedings continue it may again spoil her matrimonial relations. It is true that the offence under Section 498A I.P.C. is not compoundable and the learned Magistrate was right in hot permitting the parties to compound the offence. But, still this Court in exercise of inherent powers under sec. 482 Cr. P.C. can quash the proceedings to secure the ends of justice if the circumstances so warrant even in such cases, where the offence is not compound able. This view has been taken constantly by this Court and a reference in this connection can be made to a decision in S.B. Criminal Miscellaneous Petition No. 442/94 decided on 4.5.94. The approach of the Court has been to maintain matrimonial tie and where the wife has started living with her husband happily, proceedings under Sec. 498-A I.P.C. has been quashed by this Court. The present case is one of such cases. Here the wife is living with the husband since October, 1992 and they are living happily after conciliation. Forgive and forget is the first principle for a happy marriage life.