Preeti Mishra (Smt.) vs State of Chhattisgarh

T.P. Sharma, J.—The petitioner has filed this petition u/s 482 of the Cr.P.C. for quashment of Criminal Case No. 202/2010 pending before the Judicial Magistrate First Class, Bilaspur on the basis of FIR lodged by her u/s 498A read with Section 34 of the I.P.C. against respondents No. 2 to 6 who are husband and relatives of husband. Learned counsel appearing for the petitioner submits that although offence is not compoundable, but in the light of the dictum in the case of B.S. Joshi and Others Vs. State of Haryana and Another, ), the proceedings before the court below be quashed. Learned counsel placing reliance upon the judgment of the Supreme Court in the matter of B.S. Joshi (supra) submits that though in accordance with the provisions of Section 320 of the Cr.P.C., the offence u/s 498A of the Indian Penal Code is non-compoundable in nature yet the criminal proceedings initiated for the offence punishable under this section can be quashed by exercising jurisdiction u/s 482 of the Cr.P.C. The relevant portion of the said judgment is extracted below:

There is no doubt that the object of introducing Chapter XX-A containing Section 498A in the Indian Penal Code was to prevent torture to a woman by her husband or by relatives of her husband. Section 498A was added with a view to punishing a husband and his relatives who harass or torture the wife to coerce her or her relative to satisfy unlawful demands of dowry. The hypertechnical view would be counterproductive and would act against interests of women and against the object for which this provision was added. There is every likelihood that non-exercise of inherent power to quash the proceedings to meet the ends of justice would prevent women from settling earlier. That is not the object of Chapter XX-A of the Indian Penal Code.

In view of the above discussion, we hold that the High Court in exercise of its inherent powers can quash criminal proceedings or FIR or complaint and Section 320 of the Code does not limit or affect the powers u/s 482 of the Code.

Thus according to the above cited decision of the Supreme Court, it is the duty of the Court to encourage genuine settlements of matrimonial disputes and the provisions of Section 320 of the Cr.P.C. do not limit or affect the powers u/s 482 of the Cr.P.C.

I have perused Registry report.

In view of the aforementioned pronouncement of the Supreme Court and the fact that the petitioner and respondents No. 2 to 6 have settled their dispute amicably without pressure or fear, it would be in the interest of justice to allow the petition and quash criminal proceedings pending before the Judicial Magistrate First Class, Bilaspur.

Consequently, the petition is allowed and Criminal Case No. 202/2010 pending before the Judicial Magistrate First Class, Bilaspur is hereby quashed. Respondents No. 2 to 6 are acquitted of the charge u/s 498A read with Section 34 of the I. P.C. I.A. Nos. 01 and 02 stand disposed of.