CRLMP/688/2017 of Deepak Dave v. State and ANR.

State of Rajasthan

Smt. Garima Dave @ Garima Shrimali W/o Sh. Deepak Dave D/o Arush Shrimali., R/o House No. 98, Navratan Comple x, Bedla Road, Udaipur. ----Respondents _____________________________________________________ For Petitioner(s) : Mr. Deepak Menaria For Respondent(s) : Mr. M.S.Panwar, P.P., for the State Mr. Sabir Khan, for the complainant. _____________________________________________________ HON'BLE MR. JUSTICE P.K. LOHRA Order 06/03/2017 Petitioner has laid this criminal misc. petition under Section 482 Cr.P.C. for quashing order dated 28.01. 2017 and the entire proceedings related to criminal case No. 253/2016, pending in the Court of Additional Chief Judicial Magistrate No.2, Udaipur. Learned counsel for the petitioner, at the outset, submits that there was a trivial dispute between accused an d the complainant culminating into the aforesaid criminal case and (2 of 3) [CRLMP-688/2017] the criminal prosecution of the petitioner. It is a lso submitted by learned counsel for the petitioner that parties have sorted out their dispute and eventually compromise has been arrived at between the rival parties. In view of compromise between the parties, it is submitted by the learned counsel that now it is not worthwhile to continue further proceedings in the matter. Learned counsel appearing for the complainant has very candidly submitted that compromise has been arrived at and now no dispute, as such, survives between the parties. By relying on the compromise, learned trial Court has compounded offence punishable under Section 406 IPC but declined for the offence under Section 498-A IPC by citing embargo under Section 320 Cr.P.C. While, it is true that the offence attributed to the petitioner, i.e. under Section 498A IPC is not compoundable under Section 320 Cr.P.C, but then now a compromise has been arrived at between the rival parties, this Cou rt can very well exercise its inherent powers under Section 482 Cr.P.C. ex debito justitiae. Reliance, in this behalf, can be profitably made to a decision in Gian Singh Vs. State of Punjab & Anr. reported in JT 2012(9) SC 426. In this verdict, Supreme Court has held that inherent powers of this Court under (3 of 3) [CRLMP-688/2017] Section 482 Cr.P.C. are independent of Section 320 Cr.P.C. and in the event of compromise being arrived at, Co urt can very well exercise its inherent powers to clog the proceedings perpetually. Taking into account the entire fact scenario, the instant petition is allowed. The impugned order dat ed 28.01.2017 and the entire proceedings related to criminal case No.253/2016, pending in the Court of Additional Chief Judicial Magistrate No.2, Udaipur, are also hereby quashed and set aside. (P.K. LOHRA)J. Bharti/34