The court has the power to quash criminal proceedings under section 482 Cr.P.C based on the compromise between the parties and the fulfillment of the terms of the said compromise, especially when there is no societal interest involved.

JUDGMENT :

1. Mr. Sahay, the learned counsel has appeared suo muto by way of filing Vakalatnama on behalf of the O.P.No.2 and submits that compromise has been taken place between the parties.

2. Mr. Ankit Vishal, the learned counsel appearing for the petitioners submits that in terms of settlement, this matter may be quashed for the ends of justice.

3. This petition has been filed for quashing of the entire criminal proceeding including the first information report in connection with Mahila P.S.Case No.28/2021 registered for the offence under section 498A, 417, 504, 34 of the Indian Penal Code and section 3/4 of the Dowry Prohibition Act, now pending in the court of learned Chief Judicial Magistrate, at Giridih.

4. The case was lodged on the ground of torture and demand of dowry by the O.P.No.2.

5. Both the learned counsels jointly submits that in terms of compromise, O.P.No.2 has filed the divorce petition under section 13B of the Hindu Marriage Age, 1955 which is registered as O.S.(M.T.S.)Case No.91/2022 in the court of learned Principal Judge, Family Court, Giridih. They submit that the terms and conditions of divorce has been disclosed in the divorce petition itself. Sub paragraph (c), (d), (e) and (f) of paragraph no.10 of the said petition which speaks as under, are quoted as below:

“c) That the petitioner no.1 and petitioner no.2 have mutually agreed upon the payment of the said amount of Rs.8,51,000/- (Rupees Eight Lakh Fifty One Thousand only) which will be paid in three installments, out of which 1st installment of Rs.2,51,000/- (Rupees Two Lakh Fifty One Thousand only) shall be paid at the time of admission of instant mutual divorce petition filed u/s 13-B of Hindu Marriage Act, 1955 thereafter the 2nd installment of Rs.2,00,000/- (Two Lakh rupees) shall be paid by the petitioner no.2 when the petitioner no.1 will either withdraw her criminal case lodged vide Giridih Mahila Thana PS Case No.28/2021 or quash the said criminal case by the Hon’ble Jharkhand High Court, Ranchi and 3rd and final installment of Rs.4,00,000/- (Rupees Four Lakh only) shall be paid by the petitioner no.2 at the time of third and final motion of mutual divorce case filled u/s 13-B of Hindu Marriage Act, 1955.”

d) That the petitioner no.1 undertakes that after admission of the instant mutual divorce case she will either withdraw her criminal case lodged vide Giridih Mahila Thana PS Case No.28/2021 or appear before the Hon'ble Jharkhand High Court, Ranchi when the quashing application has been filed by the accused person of Mahila Thana PS Case No.28/2021 before the Jharkhand High Court and cooperate for quashing of the said FIR and entire criminal proceeding prior to the second and final motion of mutual divorce case.

e) That the petitioner no.2 also undertakes that he will also withdraw the MTS Case No.686/2021 filed u/s 9 of the Hindu Marriage Act, 1955 from the Court of Principal Judge, Family Court, Patna, Bihar prior to the second and final motion of mutual divorce case.

f) That the petitioner no.1 is also ready to not claim anything from petitioner no.2 after receipt of Rs.8,51,000/- (Rupees Eight Lakh Fifty One Thousand only) in future.

6. On perusal of Sub-para (d) of the paragraph no.10 of the aforesaid petition, it appears that O.P.no.2 has undertaken that after admission of the mutual divorce case she will either withdraw her criminal case lodged vide Giridih Mahila Thana PS Case No.28/2021 or appear before the Hon'ble Jharkhand High Court, Ranchi when the quashing application has been filed by the accused person of Mahila Thana PS Case No.28/2021 before the Jharkhand High Court and cooperate for quashing of the said FIR.

7. In view of the above facts and considering the submissions of the learned counsels appearing for the parties and as the compromise has been taken place and the terms of the said compromise are fulfilled and the final undertaking shall be carried out after quashing of this petition, the part of undertaking has been