IMPORTANT POINT
Criminal proceedings for offence under Section 307 IPC and/or Arms Act etc., which have a serious impact society, cannot be quashed in exercise of powers under Section 482 of Cr.P.C, on the ground that parties have resolved their entire dispute amongst themselves.

JUDGMENT

With consent, heard finally at the stage of admission.

2. By this Application under Section 482 of the Code of Criminal Procedure, the Applicants have sought to quash the criminal proceedings bearing R.C.C. No. 50/2021 emanating from the first information report bearing C.R. No. 280/2017, dated 07.11.2017 registered at Phulambri Police Station for the offences punishable under Sections 498-A, 323, 504, 506 read with 34 of the Indian Penal Code.

3. The aforesaid crime was registered pursuant to the first information report lodged by the Respondent No. 2 against her husband and his parents being the Applicant Nos. 1 to 3 respectively. The marriage of the Applicant no.1 and the Respondent no. 2 was solemnized on 31.05.2014. There was rift in the matrimonial ties between the Respondent No. 2 and the Applicant No.1, which led to filing of the first information report. In the FIR, the Respondent No. 2 has alleged that the Applicants demanded dowry of Rs. 5,00,000/- and that they subjected her to physical and mental cruelty for not meeting the unlawful demand. She claims that she left her matrimonial home due to the ill-treatment meted out to her. Based on these allegations, the aforesaid crime came to be registered.

4. The crime was investigated and the chargesheet came to be filed. The charge was framed and the applicants herein pleaded not guilty and claimed to be tried. Upon considering the evidence adduced by the prosecution, by judgement dated 01.03.2021, learned Magistrate held the Applicants guilty of offences punishable under Sections 498-A, 323 read with Section 34 of the Indian Penal Code and sentenced them to undergo simple imprisonment of 6 month and fine of Rs. 2,000/- each, in default to sufffer one month simple imprisonment for offences punishable under Section 498-A read with 34 of IPC and to suffer simple imprisonment of 3 month each and fine of Rs. 500/- each, in default to suffer fifteen days simple imprisonment for offence under Section 323 read with 34 IPC. Being aggrieved by the said conviction and sentence, the Applicants preferred Criminal Appeal No. 20/2021 before learned District and Sessions Judge, Aurangabad, which is pending hearing.

5. Learned Counsel for the Applicants and learned Counsel for Respondent No. 2 state that during the pendency of the Appeal, the parties have settled the dispute amicably. It is stated that by way of Khula the Applicant No. 1 and Respondent No. 2 have separated. As per consent terms, the Respondent No. 2 has been paid Rs. 3,25,000/- along with Meher amount.

6. The parties have invoked the jurisdiction of this Court under Section 482 Cr.P.C post-conviction and during the pendency of the appeal. It may be mention that in the case of Ramawatar Vs. State of Madhya Pradesh reported in 2021 SCC OnLine SC 966, one of the questions before the Hon’ble Supreme Court was wehther the jurisdiction of Supreme Court under Article 142 of the Constitution of India can be invoked for quashing the criminal proceedings arising out of a ‘noncompoundable offence’. While answering the said question, the Hon’ble the Supreme Court has observed thus:—

10. So far as the first question is concerned, it would be ad rem to outrightly refer to the recent decision of this Court in the case of Ramgopal & Anr v. The State of Madhya Pradesh5, wherein, a two Judge Bench of this Court consisting of two of us (N.V. Ramana, CJI & Surya Kant, J) was confronted with an identical question. Answering in the affirmative, it has been clarified that the jurisdiction of a Court under Section 320 Cr.P.C cannot be construed as a proscription against the invocation of inherent powers vested in this Court under Article 142 of the Constitution nor on the powers of the High Courts under Section 482 Cr.P.C. It was further held that the touchstone for exercising the extra-ordinary powers under Article 142 or Section 482 Cr.P.C., would be to do complete justice. Therefore, this Court or the High Court, as the cas