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Judgment
Ujagar Singh, J.
This petition has been filed for quashing the First Information Report No. 200/87 dated 4.8.1987, Police Station, Section 11, Chandigarh under Sections 405/420/498A of the Indian Penal Code.
The allegation in the First Information Report, is that the complainant and her family, on satisfaction about the particulars of petitioner No. 1, given in an advertisement appearing in the Tribune dated 10.5.1986, married their daughter Renu (now Smt. Renu Sethi) on 14.9.1986 and an amount of about Rs. 1,90,000/ was spent on the marriage, including the articles given in dowry. Smt. Renu Sethi lived with Anil Sethi, petitioner No. 1 from 19.9.1986 to 9.10.1986. It is further alleged that right from the day of marriage, the inlaws of Smt. Renu Sethi were torturing her with a view of extract more money and dowry from the complainant. Particulars of torture have been given. Smt. Shakuntla Sethi, petitioner No. 2, who is the mother of petitioner No. 1, had taken an amount of Rs. 15,000/ from Smt. Renu Sethi for purchasing certain items and thus the amount was misappropriated. Petitioners R.C. Sethi and Anil Sethi instructed Smt. Renu Sethi to give to petitioner No. 2 the salary she got from the Bank and not to visit her parents in any circumstances. The jewellery and belongings of Smt. Renu Sethi were snatched away from her and the same were still with the family of the petitioners Petitioner No. 2 Smt Shakuntla Sethi even tried to burn Smt. Renu Sethi several times, but luckily she escaped. Further Smt. Renu Sethi accompanied petitioner No. 1 to the place of his posting and she found living status of her husband to be below standard and not in accordance with the representation made in the advertisement. Smt. Renu Sethi wrote letters to the complainant, photostat copies of which were produced, along with the complaint and the complainant, on receipt of these letters, personally went to the place of posting and rescued her daughter Smt. Renu Sethi and brought her back on 3.12.1986 with only 23 sarees belonging to her. Smt. Renu Sethi thereafter went to Petitioner No. 2 at Chandigarh who did not allowed her to touch the valuables in her house. Besides these allegations, there are some other accusations contained in the complaint, wherein also a mention is made of report No. 18 dated 25.4.1987, lodged in Police Station South, Chandigarh and the same was scribed by Inspector Gulshan. On these allegations, the Police came to the conclusion that offences under Sections 420/406/498A of the Indian Penal Code were made out and this case was registered accordingly.
Petitioner No. 1 has filed another petition Crl. M. 6111M/1987 in this Court, for anticipatory bail. This case was fixed for arguments today. The parties have compromised and have put in the compromise deed signed by both the petitioners and R.C. Sethi, on the one side and Smt. Renu Sethi and Smt. Kaushalya Gera, on the other. Learned counsel for both the sides have also attested the compromise as witnesses. Statements of Anil Sethi, Smt. Renu Sethi (now Renu Gera) and Smt. Kaushalya Gera have been recorded and all of them have admitted the compromise to be correct after the same was read over to them. They admitted their signatures on the compromise.
In the compromise, it is mentioned that the parties, i.e. petitioner No. 1 and Smt. Renu Sethi lived together only for a few months after marriage and since 1986 they have been living separately and relations between them became strained due to difference of opinion. Further terms of compromise are that the accusedpetitioners, along with R.C. Sethi father of petitioner No. 1, have agreed to :
(i) Pay an amount of Rs. 53,000/ (out of this a banker''s cheque of Rs. 50,000/ and Rs. 3,000/ in cash) to Smt. Kaushalya Gera and Smt. Renu Sethi;
(ii) The accused agreed that the articles already deposited by them in Police Station, Section 11, Chandigarh on 8.9.1987 belonged to Smt. Kaushalya Gera and the accused have no right or claim over the same;
(iii) Petitioner No. 1 Anil Sethi and Smt. Renu Sethi would get a decree of divorce by way of mutual consent (Section 13B of the Hindu Marriage Act) immediately after the decision of this petition;
(iv) Smt. Kashlaya Gera and Smt. Renu Sethi would withdraw the said First Information Report and make such statements and writings to that effect;
(v) Smt. Renu Sethi would also withdraw the DDR No. 18.
dated 25.4.1987, Police Station Sector 34, Chandigarh;
(vi) Anil Sethi petitioner No. 1 would withdraw his petition under Section 9 of the Hindu Marriage Act, pending in the Court of the Senior Subordinate Judge, Chandigarh;
(vii) There will be no connection between them and the relationship of petitioner No. 1 and Smt. Renu Sethi would come to an end from today.
The terms of the compromise were read over to them and the same were admitted to be correct.
Offences under Sections 406/420 Indian Penal Code are compoundable with permission of the Court and in the circumstances of the case, there is no reason to withhold permission. So far as offence under Section 498A of the Indian Penal Code is concerned, the same is not compoundable, but, keeping in view the circumstances of the case and involvement of both the families, as also the likelihood of the pendency of the investigation and thereafter, the trial, if any, under the said offence, it will not be in the interest of justice for the Court to remain a silent spectator for whole of this agony and with the latest development in the society after the passing of the Family Courts Act and the likelihood of the establishment of the Family Courts, an attempt has to be made that whatsoever the disputes arise within the family or between the two families related to each other, have to be settled amicably and the Court has to make all efforts to that effect. In this case, I am satisfied that by this compromise, all the disputes in the two families have been completely settled. The amount of Rs. 50,000/ was paid in Court through a cheque and an amount of Rs. 3,000/ was paid in cash by the petitioner to Smt. Kashalya Gera Smt. Renu Sethi and in view of this settlement, there is no likelihood of any conviction under Section 498A of the Indian Penal Code.
In view of the foregoing circumstances, the First Information Report is quashed on the basis of the compromise with the permission of the Court in respect of the offence under Sections 406/420 of the Indian Penal Code. As regards offence under Section 498A of the Indian Penal Code, I have already observed that there is no likelihood of any conviction for that offence in view of the terms of the compromise. This Court has not option, but to quash the First Information Report in that respect, although the offence is not compoundable even with permission of the Court. This compromise between the parties has to be allowed to prevail over the technical provisions of the statute in the interest of justice and in view of the intended policy of the Administration of Justice in such like matters. This petition, therefore, is accepted and the First Information Report is quashed.
The petition under Section 9 of the Hindu Marriage Act, 1955 filed by petitioner No. 1 and pending in the Court of the Senior Subordinate Judge, Chandigarh can be withdrawn and a new joint petition under Section 13B of the said Act, for divorce on the basis of mutual consent can be filed or in the alternative, petition under Section 9 of the said Act can be sought to be amended for converting it into a joint petition for divorce on the basis of mutual consent and the time consumed in the proceedings can be availed of towards counting of six months required before granting divorce in a joint petition for the purpose. This criminal miscellaneous is, thus, disposed of.
The dowry articles lying at the Police Station Sector 11, Chandigarh be handed over to Smt. Kaushlaya Gera.