SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2022 Supreme(Pat) 799

IN THE HIGH COURT OF JUDICATURE AT PATNA
ARUN KUMAR JHA, J.
Cr. Misc. No.76050, 71588 of 2019
(22.9.2022)
Madhuri Singh (in 76050)
Rakesh Kumar @ Rakesh Kumar
Singh (in 71588) ... Petitioner
vs.
State of Bihar & Anr. ... Opp. Parties
(in both)

Advocates:
For the Petitioners: M/s P.K. Shahi, Sr. Adv., Murari Prasad Sinha (in both).
For the State : M/s Navin Kumar Pandey (in 76050); Raj Kishore Singh (in 71588).
For the Opp. Party No.2 : Mr. Amrit Abhijat (in both).

Headnote:

Indian Penal Code, 1860 – Sections 498A and 420 read with Sections ¾ of Dowry Prohibition Act, 1961 – Criminal Procedure Code, 1973 – Sections 320 and 482 – Cruelty and cheating – Quashing petition – Compounding of offence – Amicable settlement of dispute between parties – High Court may quash criminal proceedings or FIR or complaint in exercise of its inherent power under Section 482 of Code which is unaffected by provisions of Section 320 Cr.P.C. – Though two powers are distinct and different yet ultimate consequence may be same – Inherent power of High Court under Section 482 Cr.P.C is seemingly unfettered but it has to be exercised in accordance with the limitation mentioned in the provision itself – If matter relates to matrimonial disputes and Court is satisfied that dispute has been settled by parties amicably, there would be no bar under Section 320 of Cr.P.C. for exercise of inherent power of quashing of FIR, complaint or subsequent criminal proceedings even if offences are non-compoundable – Allowing further proceedings to continue in trial court would not be in interest of justice as same may lead to unnecessary harassment, agony and pain not only to petitioners, but also to opposite party no.2 and would tantamount to abuse of process of Court – Entire proceeding quashed qua petitioners. (Paras 12, 14 to 17)

Arun Kumar Jha, J.—Since both the applications arise out of Kaji Mohammadpur P.S. Case No. 173 of 2014, as such, they have been taken up together and are being disposed of by this common judgment.

2. Heard learned counsel for the petitioners and the opposite party no.2 as well as learned APP for the State.

3. The present petition has been filed by the petitioners for quashing the FIR bearing Kaji Mohammadpur P.S. Case No. 173 of 2014 (G.R. No.2535 of 2014) arising out of Complaint Case No. 803 of 2014, registered for the offences punishable under Sections 498 A and 420 of the Indian Penal Code and Sections ¾ of the Dowry Prohibition Act, on the ground that both the parties have amicably settled their dispute on 23.09.2019.

4. The prosecution case in brief is that marriage of the opposite party no. 2 was solemnized with the petitioner Rakesh Kumar @ Rakesh Kumar Singh but she was subjected to torture by the accused persons, the petitioners herein due to non-fulfillment of demand of dowry, leading to filing of the FIR bearing Kaji Mohammadpur P.S. Case No.173 of 2014 under Sections 498 (A) and 420 of the Indian Penal Code and Section ¾ of Dowry Prohibition Act.

5. Learned counsel for the petitioners further submits that the petitioner Dr. Rakesh Kumar Singh (husband of the informant) filed O.S. (MTS) Suit No. 134 of 2017 in the Court of Principal Judge, Family Court, Ranchi under Section 13-B of the Hindu Marriage Act, 1955 for dissolution of their marriage by decree of divorce with mutual consent. Thereafter, the Principal Judge, Family Court, Ranchi granted decree of divorce with mutual consent for dissolving their marriage vide judgment and order dated 17.08.2017.

6. Learned counsel further submits that the informant/opposite party no.2 filed a petition for compromise dated 23.09.2019 in the Court of learned Additional Chief Judicial Magistrate, 1st, (East) Muzaffarpur and the informant was personally present in the Court and admitted that she has entered into compromise with the petitioners which is also evident from the bail order dated 23.09.2019 passed Kaji Mohammad P.S. Case No. 173 of 2014 (G.R. No. 2535 of 2014) by the learned Additional Chief Judicial Magistrate, 1st (East), Muzaffarpur.

7. Learned counsel for the petitioners further submits that now full and final settlement has been made between the petitioners and the opposite party no.2 and no further dispute remains between the parties.

8. Learned counsel for the opposite party no. 2 does not oppose the submissions made on behalf of the learned counsel for the petitioners and supports the submission that all the disputes have been settled and the opposite party no.2 does not want to proceed further in the matter. He further submits that a counter affidavit admitting the factum of settlement has been filed by the opposite party no.2 which is on record.

9. The learned APP appearing on behalf of the State has no objection for quashing the FIR as the matter has been amicably settled after compromise between the husband and wife.

Perused the records.

10. Though the offence under Section 498A of the Indian Penal Code is concerned, the same is not compoundable. However, Supreme Court in the case of B.S. Joshi & Ors. vs. The State of Haryana and Ors., reported in (2003) 4 SCC 675, as also in the case of Jitendra Raghuvanshi vs.Babita Raghuvanshi, reported in (2013) 4 SCC 58, examined the ambit and scope of inherent power of the High Court under Section 482 of the Cr.P.C. in quashing of the criminal proceeding in non-compoundable offences relating to matrimonial dispute.

11. A three-Judge Bench of the Hon’ble Supreme Court in Jitendra Raghuvanshi (supra) held in paragraphs No. 15 to 17 as under:—

“15. In our view, 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 hav

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top