Ashok and Others vs Smt. Asha

Indrani Datta, J.

Petitioners have filed this petition u/s 482 of Cr.P.C. for quashing the entire processdings with respect to CR. Case No. 14788 of 2009 pending in Court of ACMJ, Gwalior for offence punishable u/s 498-A of IPC initiated on complanint filed by complainant u/s 498A, 406, 452, 506(B), 323, 294, 341 and 342/34 of IPC and 3/ 4 of Dowry Prohibition Act.

As per petitioners, the facts stated in brief are that petitioner no. 1 Ashok was married with respldent Smt. Asha on 18th February, 2003 according to Hindu religion. Their marriage did not last longer and a decree of mutual divorce u/s 13 (B) of Hindu Marriage Act was granted by the Division Bench of High Court in First Appeal No. 16 of 2006. Meanwhile, Criminal case No.14788 of 2009 was also pending in the court of ACJM, Gwalior against Petitioners. Both the parties thereafter filed compromise applications before learned trial court u/s 320 and 320 (2) of Cr.P.C. and learned trial court on 9.2.2009 rejected both the applications on the ground that Section 498-A of IPC is non-compoundable offence. Therefore, this petition to invoke inherent power for quashing the proceedings of Cr. case no.14788 of 2009

Perused the certified copies of order sheets and impugned order dated 9.2.2009 passed in Cr.case no.1583 of 2005 pending in the Court of JMFC, Gwalior.

In case of B.S. Joshi Vs. State of Haryana and another AIR 2003 SC 259 Hon. Apex Court has held that in matrimonial disputes when both the parties approached before the High Court and filed application for quashing the FIR, the High Court can quash the criminal proceedings or FIR or complaint and section 320 of Cr.P.C dose not limit or affect inherent power of High Court granted u/s 482 of Cr.P.C

In Satyaendra Dharmpal and Others Vs. State of UP 2008 Cr. L.J (NOC) 919 in that case of matrimonial dispute application was filed U/s 482 of Cr.P.C. for quashing criminal proceedings against husband u/s 232, 504, 506 and 498 of IPC and Section 3/4 of Dowry Prohibition Act, the parties arrived at Compromise, there were no chances of conviction. Considering this, proceedings were quashed.

According to the contents of the petition filed u/s 482 of Cr.P.C. and other relevant documents on record, it is apparent that the parties have resolved their dispute. Respondent is personally present in the Court. Respondent Smt. Asha dose not want to proceed further against her husband petitioner no. 1 Ashok and other petitioners with respect to the Cr. Case no. 14788 of 2009

In the light of above observations and for the foregoing reasons, I allow the petition and quash the criminal proceedings of Crease no. 14788 of 2009 pending in the Court of ACJM, Gwalior.

A copy of this order be sent to the trial court concerned for information.