HARISH CHANDRA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By this criminal misc. petition under Section 482 Cr.P.C., the petitioners have prayed for quashing of criminal proceedings pending against them in the court of Judicial Magistrate No.7, Jodhpur in Criminal Case No.1090/2001 for offence under Section 498-A and 406 I.P.C.

(2.) Heard learned counsel for the the petitioners as well as learned Public Prosecutor and the learned counsel appearing on behalf of the nonpetitioner. Learned counsel for the petitioners states that it is a matrimonial dispute between the parties which has resulted into criminal proceedings against the petitioner under Sections 498-A, 406, 323 and 324 IPC pending before the trial court. Learned counsel for the petitioners states that compromise has arrived at in between the parties and now there is no dispute in between them. He further states that both the parties have submitted the compromise before the learned court below and prayed that criminal proceedings pending against the petitioners be dropped. However, learned trial court has accepted the compromise as far as it relates to offence under Sections 323 and 324 I.P.C. and refused to attest the compromise as far as it relates to offence under Section 498-A and 406 I.P.C. He states that the learned trial court despite the fact that parties have entered into written compromise, has proceeded ahead in the criminal case pending against the petitioners.

(3.) In support of his arguments, learned counsel for the petitioners has placed reliance upon the judgment rendered by Hon'ble Supreme Court in case of B.S. Joshi & Ors. Vs. State of Haryana, reported in (2003) 4 SCC 675 and in case of Mohd. Shamim & Ors. Vs. Nahid Begum & Anr., reported in 2005 (1) WLC (SC) Criminal 281.