Full Judgment
V.S. Kokje, J.
1. This is a petition under Section 482 of the Code of Criminal Procedure for dropping or quashing the proceedings under Sections 498A and 120B of the Indian Penal Code pending before the Additional Chief Judicial Magistrate, Jetaran in Regular Case No. 298/93. The learned Counsel for the petitioner submits that after filing of the case good sense prevailed in the minds of the parties and during the course of trial, they arrived at an amicable settlement and, therefore, both the parties do not desire that the prosecution should continue. As the offences are not compoundable the trial Court has refused to compound them. The learned Counsel has relied on several Single Bench decisions of this Court. In some of these cases, the trial Court was directed to grant permission to compound the offence and in some of them proceedings were quashed under Section 482, Cr. P.C. by this Court. Two questions, therefore, arise for determination in the case : (i) whether this Court can direct the trial Court to grant permission to compound an offence which is specifically a non-compoundable offence under the Code of Criminal Procedure and (ii) whether inherent powers of this Court under Section 482, Cr. P.C. can be used to quash proceedings in which parties have compounded specifically declared to be non-compoundable by the Code of Criminal Procedure by mutual agreement.
2. The first question has been directly answered in the negative by a Full Bench of this Court in Mohan Singh v. State of Rajasthan, 1993 Cr LR (Raj) 86 : 1993 Cri LJ 3193. It was held by the Full Bench that permission to compound a non-compoundable offence cannot be granted by the Court. The Single Bench decisions directing the trial Court to grant permission to compound non-compoundable offence, are, therefore, without any force of law as they are directly contrary to the Full Bench decision of this Court. The single Bench decisions in Gurcharan Kaur v. State of Rajasthan, 1993 Cr LR (Raj) 96 : 1993 Cri LJ 2076. In Smt. Jasoda v. State of Rajasthan, 1992 Cr LR (Raj) 530 and in Ishwarilal v. State of Rajasthan, 1992 RCC 434 (Raj), therefore, do not lay down good law in view of decision of the Full Bench in Mohan Singh's ease (supra). The learned Counsel for the petitioner cited a decision of the Supreme Court in Mahesh Chandra v. State of Rajasthan, AIR 1988 SC 2111, in which referring to an earlier decision of Supreme Count in Suresh Babu v. State of Andhra Pradesh, 1987(2) JT 361, in the special circumstances of the case permission to compound a non-compoundable offence was directed to be granted, in this decision also, the Supreme Court does not seem to have laid down any law under Article 141 of the Constitution of India, but it seems that the Supreme Court has acted in the special circumstances of the case under Article 142 of the Constitution of India. Mahesh Chandra's case, therefore cannot be an authority for the proposition that permission to compound a non-compoundable offence can be granted by a High Court under Section 482 of the Code of Criminal Procedure.
3. The second question as to whether proceedings can be quashed under Section 482, Cr. P.C. on the ground that parties have compounded an offence which is non-compoundable under the law deserves to be considered New Single Benches of this Court in Omprakash Modi v. State of Rajasthan, 1994 (1) RLR 389; Mrs. Sudha Gupta v. State of Rajasthan, 1992 RCC 525 and an unreported decision in S.B. Criminal Misc. Petition No. 683/96 decided on September 13, 1996, take the view that the proceedings could be quashed in appropriate cases under Section 482, Cr.P.C. Looking to the seems of the Act and scope of Section 482 Cr. P.C. it cannot be said that the power under Section 482 can be used for the purpose of setting at thaught a specific provision of the Code under Section 330, Cr.P.C. The High Court cannot convert a non-compundable offence into a compoundable offence by quashing proceeding under Section 482, Cr.P.C.
4. The Full Bench decision in Mohansingh's case (supra) also held in para-41 of the Judgeent that the power under Section 482, Cr.P.C. should not be exercised as agains the express bar of law engrafted in any other provision of the Code. Exercise of power under Section 482, Cr.P.C. to quash proceedings on the ground that parties have settled their disputes out of Court and desire to compound a non-compoundable offence is therefore not permissible as this would amount to circumvention of the be by Section 320(2), Cr.P.C. The aforesaid Single Bench decisions are therefore against the Full Bench decision in Mohansugar's case (supra) and are no longer good law.
5. The Code provides adequate provisions for dealing with the situations such as the situation arising in this case. If in a case involving non-compoundable offence it appears that the parties have joined hands and there is no likelihood of any evidence forthcoming against the accused or the likelihood of some or all the witnesses turning hostile or it would not be in public interest or anyone's interest to continue the prosecution, it is for the Public Prosecutor incharge of the case to withdraw from the prosecution with the consent of the Court under Section 321 of the Code. In such cases, it is the duty of the Public Prosecutor to consider and decide whether to withdraw from the prosecution or not. It i s not the duty or concern of the Court to consider the welfare of the parties and twist the law in their favour for allowing them to do someting which the law does not permit. In these circumstances, it is for the Public Prosecutor to decide whether it will, be fruitful, just and proper to contine with the prosecution and not for the courts to allow the parties to do what the law forbids them from doing.
6. I would, therefore, refuse to interfere in exercise of powers under Section 482 of the Code of Criminal Procedure in the case. The petition is dismissed. However, the complainant in the case shall be free to approach the Public Prosecutor and pursuade him to withdraw from the prosecution under Section 321 of the Code of Criminal Procedure.