Sachin Kunjekar vs State Of Chhattisgarh

With the consent of both the parties, the matter is heard finally.

The petitioner has preferred this petition under Section 482 of the Criminal Procedure Code, 1973 (in brevity 'Cr.P.C.') for quashing of entire criminal proceedings of criminal case No.446/2019 pending before the Chief Judicial Magistrate, Mahasamund, District Mahasamund for the offence punishable under Section 498-A of the I.P.C.

Case of prosecution, in brief, is that in respect of partition dispute, respondent No.2/complainant/victim, who is sister-in-law (younger brother's wife) of petitioner set ablaze herself due to harassment meted out to her by petitioner. Based on above facts, FIR bearing crime No.316/2018 for the offence under Section 498-A of the I.P.C. was registered against the petitioner at Police Station Bagbahara, District Mahasamund (C.G.). After investigation, charge-sheet was filed for offence under Section 498-A of the I.P.C., which is pending before the Chief Judicial Magistrate, Mahasamund.

Learned counsel for the petitioner would submit that petitioner is brother-in-law (Jeth) of respondent No.2/ complainant/ victim and due to some family dispute, FIR has been lodged by respondent No.2. It is further submitted that both the parties have settled their dispute amicably and their statements have recorded before the Additional Registrar (Judicial), hence, criminal proceedings of criminal case No.446/2019 may be quashed.

Learned counsel for respondent No.2/ complainant/ victim supports the submissions made by learned counsel for the petitioner.

Learned State counsel would submit that appropriate order may be passed pursuant to settlement arrived at between the parties.

I have heard learned counsel for the parties and perused the material available on record.

Pursuant to direction dated 05.9.2021 of this Court, statements of petitioner and respondent No.2 / complainant/ victim have been recorded by the Additional Registrar (Judicial) in which they have stated that matter has been settled between them amicably. Respondent No.2 has also deposed in her statement that due to settlement arrived at between them, she does not want any action in the FIR No.316/2018 registered at Police Station Bagbahara, District Mahasamund for the offence under Section 498-A of the I.P.C. and criminal case No.416/219 pending before the Chief Judicial Magistrate, Mahasamund. She has further deposed that she has voluntarily made settlement and same has been executed without fear, pressure or temptation.

Hon'ble Supreme Court in the matter of Jitendra Raghuvanshi and ors. -v- Babita Raghuvanshi and anr. [(2013) 4 SCC 58] has observed that, it is the duty of the courts to encourage genuine settlements of matrimonial disputes, particularly, when the same are on considerable increase. Even if the offences are non-compoundable, if they relate to matrimonial disputes and the Court is satisfied that the parties have settled the same amicably and without any pressure, for the purpose of securing ends of justice, Section 320 of the Code would not be a bar to the exercise of power of quashing of FIR, complaint or the subsequent criminal proceedings. However, exercise of power under Section 482 of Cr.P.C. would depend upon the facts and circumstances of each case and it has to be exercised in appropriate cases in order to do real and substantial justice for the administration of which alone the courts exist.

Hon'ble Supreme Court in the matters of Gian Singh -V- State of Punjab [(2012) 10 SCC 303], State of M.P. -v- Laxmi Narayan and ors. [(2019) 5 SCC 688], and K. Srinivas Rao -v- D.A. Deepa [(2013) 5 SCC 226] has dealt with the matter and has expressed the need of allowing the compromise between the parties even in non-compoundable offences in matrimonial matters, however, considering the facts and circumstances of each case.

In the instant case, though offence under Section 498-A of the I.P.C. is non-compoundable, learned trial Court has declined to allow settlement between the parties, but, since dispute exists between both the parties is private and family dispute and they have settled it amicably, which they have stated in their deposition, this Court is of the considered opinion that there is sufficient material to form an opinion to quash the FIR in question and subsequent criminal proceedings pending before the Chief Judicial Magistrate, Mahasamund.

Consequently, FIR No. 316/2018 registered at Police Station Bagbahara, District Mahasamund (C.G.) for offence punishable under Section 498-A of the Indian Penal Code against the petitioner, and consequent criminal case No.446/2019 pending before the Chief Judicial Magistrate, Mahasamund deserve to be and are hereby quashed.

In view of the above, present petition is allowed. No costs.