Dataram vs State of M.P.

Anil Sharma, J.—Invoking the extraordinary jurisdiction of this Court conferred u/s 482 Cr.P.C. this petition has been filed by the petitioners for quashing the proceeding of Criminal Case No. 1010/2007 pending before learned JMFC, Ambah District Morena for the offence punishable under Sections 498A of IPC. There is matrimonial dispute between petitioner No. 2 and his wife -complainant which has resulted in making allegations against each other. Thereafter good sense prevailed between the parties and they have amicably settled their disputes and compromised the matter. After that an application u/s 320 of Cr.P.C. was filed by both the parties before the trial Court to compromise the matter. That application was partly dismissed by the trial Court since the offence under which the compromise has been sought for was not compoundable i.e. 498A of IPC, hence this petition is preferred to compound the matter u/s 498A of IPC by invoking the inherent powers of this Court as envisaged u/s 482 of Cr.P.C.

In case of B.S. Joshi and Others Vs. State of Haryana and Another, 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 does not limit or affect inherent powers of High Court granted u/s 482 of Cr.P.C.

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 settled their dispute. Learned Counsel for the petitioners submitted that the decree of divorce has already been passed which is annexed with this petition, therefore, since no relation persist between petitioner No. 2 and complainant, therefore, the criminal case pending before trial Court be quashed.

In the light of above observations and for the foregoing reasons, I allow the petition and quash the criminal proceedings against petitioners of Criminal Case No. 1010/2007 pending before learned JMFC, Ambah District Morena for the offence punishable under Sections 498A of IPC. In the result, the proceedings of aforesaid criminal case are quashed and petitioners are discharged from the offence u/s 498A of IPC. A copy of this order be sent to the trial court concerned for information and compliance.