Dharmendra Mehta and Others vs The State of Jharkhand and Another

R.R. Prasad

Heard the parties.

This application has been filed u/s 482 Cr.P.C. for quashing of the entire criminal proceeding including the order dated 28.01.2010 passed by the then Judicial Magistrate, Daltonganj in Complaint Case No.08 of 2010 whereby and whereunder he took cognizance of the offence under Sections 498A, 379, 504 and 323 of the Indian Penal Code against these petitioners.

Learned counsel appearing for the parties submits that during the pendency of this application, good sense prevailed among the parties and they got their disputes settled amicably and in terms of settlement, the petitioner No.1 the husband and the Opp. Party No.2 wife, have been living together along with two children.

In this situation, prayer has been made by the parties that the instant prosecution be quashed in view of the ratio laid down in the case of B.S. Joshi and Others Vs. State of Haryana and Another, .

Having heard learned counsel appearing for the parties, it does appear that after the case was lodged, the parties came to certain agreements, whereby it was decided that both the parties will be living together and in fact they are now living together with their children and taking into account this aspect of the matter, now it has become expedient to quash the proceeding in view of the proposition laid down in a case of Madhavrao Jiwajirao Scindia and Others Vs. Sambhajirao Chandrojirao Angre and Others, , wherein it has been held that while exercising inherent power of quashing u/s 482, it is for the High Court to take into consideration any special features, which appear in a particular case to consider whether it is expedient and in the interest of justice to permit a prosecution to continue, where, in the opinion of the court, chances of an ultimate conviction are bleak and, therefore, no useful purpose is likely to be served by allowing a criminal prosecution to continue, the court may, while taking into consideration the special facts of a case, also quash the proceeding.

Subsequently, the Hon''ble Supreme Court taking notice of the said decision observed in the case of B.S. Joshi and others (supra) that the special features in such matrimonial matters are evident and hence it becomes the duty of the court to encourage genuine settlement of matrimonial disputes.

As I have stated above that the parties have settled their disputes amicably, there would be hardly any chance for securing conviction of the petitioners. In that view of the matter, it becomes expedient to quash the order taking cognizance as well as entire criminal proceeding.

Accordingly, the entire criminal proceeding including the order dated 28.01.2010 passed by the learned Judicial Magistrate, Daltonganj in Complaint Case No.08 of 2010, taking cognizance of the offenses, as stated above, is hereby quashed.