ORDER :

1. Heard learned counsel for the Petitioners and the State.

2. By means of this application, the Petitioners seeks indulgence of this Court praying to quash the criminal proceeding in connection with C.T. Case No.2172 of 2022 arising out of Badagad P.S. Case No.124 of 2022 pending in the Court of the learned J.M.F.C.-IV, Bhubaneswar, wherein the Petitioner is facing allegation and charge of the offences under Sections 498-A/323/294/303/506/34, I.P.C. and Section 4 of the D.P. Act.

3. The background facts of the case are that, the Petitioner got married to Opposite Party No.2 (wife) on 11.03.2016 according to the Hindu rites and customs. Subsequently, due to the marital discord, the Petitioner (husband) instituted a proceeding before the learned Judge, Family Court, Cuttack registered as C.P. No.545 of 2023 for dissolution of the marriage. As a counterblast, the Opposite Party No.2 (wife) moved the Court seeking restitution of the conjugal rights, which was registered as C.P. No.496 of 2021. However, of late, with the intervention of the well-wishers, both the parties agreed to resolve their issues and to get a mutual divorce amicably and accordingly filed a joint petition before the learned Judge, Family Court, Cuttack on dated 09.08.2023, pursuant whereof the learned Judge, Family Court passed judgment on 09.10.2023 in C.P. No.545 of 2023 allowing the decree of divorce on mutual consent of both the parties under Section 13(B) of the Hindu Marriage Act. From the order passed by the learned Judge, Family Court, Cuttack, it reveals that the wife (petitioner) has already received a sum of Rs.45,00,000/- (Rupees Forty-five Lakh) towards her alimony and both of them agreed to withdraw all the proceedings pending before different courts.

4. The joint petition has been taken as part of the record by the learned Judge, Family Court, wherein at paragraph-5 it is agreed upon that the parties will not prosecute against each other and will render necessary assistance and cooperation for effecting final disposal or termination of all those cases on the basis of the decree of mutual divorce. Need be stated that the criminal proceeding brought by the petitioner-wife against the husband and his relations to be quashed in view of the compromise and the decree of mutual divorce.

5. It is submitted by learned counsel for the Petitioners that pursuant to the dissolution of the marriage, the parties, by means of their joint petition agreed to do away with all the pending criminal proceedings including the one sought to be quashed herein. A joint affidavit has also been furnished by the Petitioner and Opposite Party before this Court.

6. In the matter of Gian Singh v. State of Punjab, (2012) 10 SCC 302, a larger Bench of the Supreme Court while answering a reference as to whether the non-compoundable offences can be compounded by the court held as follows:

“The position that emerges from the above discussion can be summarised thus: the power of the High Court in quashing a criminal proceeding or FIR or complaint in exercise of its inherent jurisdiction is distinct and different from the power given to a criminal court for compounding the offences under Section 320 of the Code. Inherent power is of wide plenitude with no statutory limitation but it has to be exercised in accord with the guideline engrafted in such power viz; (i) to secure the ends of justice or (ii) to prevent abuse of the process of any Court. In what cases power to quash the criminal proceeding or complaint or F.I.R may be exercised where the offender and victim have settled their dispute would depend on the facts and circumstances of each case and no category can be prescribed. However, before exercise of such power, the High Court must have due regard to the nature and gravity of the crime. Heinous and serious offences of mental depravity or offences like murder, rape, dacoity, etc. cannot be fittingly quashed even though the victim or victim’s family and the offender have sett