IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR. O R D E R S.B.CR.MISC.PETITION NO.763/2010. Keshav Dev & Ors. Vs. State of Rajasthan & Anr. Date of order : July 28, 2010. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri Himmat Singh Bikarwar for petitioners. Smt. Alka Bhatnagar Public Prosecutor for State. Shri Samay Singh for complainant. ******
Petitioners as also the complainant are present in court. A compromise deed duly signed by both the parties and attested by their Advocates was filed before the court below but the learned court below declined to attest the compromise on the premise that offence u/Ss.498A, 406 & 120B IPC alleged to have been committed by the petitioners are not compoundable.
Learned counsel for petitioners has cited the judgments of Hon’ble Supreme Court in B.S. Joshi and others Vs. State of Haryana and another : (2003) 4 SCC 675 and this Court in Bhagwan Sahai Vs. State of Rajasthan & Anr. : 2010(1) RCC 216 and argued that this Court can compound the offences on the basis of compromise arrived at between the parties in cases of offences of such nature. The co-ordinate Bench of this Court in Bhagwan Sahai supra relying on the judgment of Supreme Court in B.S. Joshi supra on the basis of the compromise between the parties, quashed and set-aside the proceedings of criminal case.
Thus, considering the facts and circumstances of the case, having regard to the compromise arrived at between the parties and keeping in view the law laid down by the Hon’ble Apex Court in the aforementioned authority, this criminal misc.petition u/S.482 Cr.P.C. is allowed. Consequently, the criminal proceedings pending in the court of learned Civil Judge (Junior Division) & Judicial Magistrate, Roopbas, District Bharatpur for offence u/Ss.498A, 406 & 120B IPC in Criminal Case No.185/2002 (State Vs. Keshav Dev & Ors.) are quashed and set-aside.
(MOHAMMAD RAFIQ), J.
anil