High CourtsSingle Bench(2006) 09 RAJ CK 0076

Mohd. Aslam and Another vs Smt. Salma and Others

Rajasthan High Court · Decided on 4 September 2006 · Citation: (2007) 2 RLW 1500

HON’BLE JUDGES
Harbans Lal, J
RESULT
Allowed

CourtKutchehry membership

More clarity. Every judgment.

Download court copies, explore connected cases and make more of every research session.

Loading membership options…

Ask AI about this case

AI Structured Summary

Not yet generated for this judgment

Judgment

8 paragraphs · 443 words

Harbans Lal, J.—This petition u/s 482 Cr. P.C. has been filed for quashing of the criminal proceedings pending in the Court of learned Additional Civil Judge (Junior Division) and Judicial Magistrate, 1st Class, No. 13, Jaipur City, Jaipur in Criminal Case No. 133/2001 for offences under Sections 323, 498-A and 406 I.P.C. and Sections 3, 4 and 6 of the Dowry Prohibition Act, 1961.

2.

The brief and relevant facts of the case are that complainant-Respondents No. 1 and 2 Filed a complaint in the court of learned Addl. Civil Judge (Jr. Div.) and Judicial Magistrate, 1st Class No. 13, Jaipur City, Jaipur against the accused-petitioners for committing offences under Sections 323, 498-A and 406 I.P.C. and Sections 3, 4 and 6 of the Dowry Prohibition Act, 1961 against them by the accused-petitioners.

3.

The complaint was sent to the police for investigation u/s 156(3) Cr.P.C. whereupon the police after investigation filed charge-sheet against petitioners for the offences as indicated above on 30.9.2001 vide Charge-sheet No. 44/2001.

4.

It is contended on behalf of the parties that the parties have now arrived at a compromise.

5.

The parties are present in court and have submitted a deed of compromise duly signed by them which be taken on record. They have also been got identified in court by their respective counsel.

6.

Learned Counsel for the parties have jointly submitted that now the parties have arrived at a compromise. Therefore, the criminal proceedings pending before the court below may be quashed so that there may not be any more bitterness between them and they may live their life peacefully. They have submitted on the strength of B.S. Joshi and Ors. v. State of Haryana and Anr. 2003 RCC (SC) 400 that the High Court in exercise of its inherent powers can quash criminal proceedings/FIR/com-plaint and Section 320 Cr. P.C. does not affect or limit the inherent powers vested in this Court u/s 482 Cr. P.C.

7.

Keeping in view the law laid down by their Lordships of the Hon''ble Apex Court in the aforementioned authority and considering the facts and circumstances of the present case, the. criminal proceedings pending between the parties in the court below deserve to be quashed for securing the ends of justice.

8.

In the result, this criminal misc. petition u/s 482 Cr. P.C. is allowed and the criminal proceedings pending in the Court of learned Additional Civil Judge (Junior Division) and Judicial Magistrate, 1st Class No. 13, Jaipur City, Jaipur in Criminal Case No. 133/2001 for offences Under Sections 323, 498-A and 406 IPC and Sections 3, 4 and 6 of the Dowry Prohibition Act, 1961 are hereby quashed.