Genuine settlements in matrimonial disputes can lead to quashing of non-compoundable offences to promote family unity and social justice.

JUDGMENT :

G. Satapathy, J.

1. An application U/S. 482 of Cr.P.C. filed by the petitioners mother-in-law and sister-in-law seek to quash the order passed on 31.07.2017 by the learned J.M.F.C., Daspalla in G.R. Case No. 95 of 2017 taking cognizance of offences and consequently the criminal proceeding arising thereof on the ground of amicable settlement amongst the parties.

2. Heard Mr.Ashok Kumar Swain-1, learned counsel for the petitioners, Mr. Gopal Krushna Nanda, learned counsel for O.P. No.2 and Mr.S.S.Pradhan, learned AGA.

3. Since the matter pertains to compromise of matrimonial disputes amongst the petitioners and O.P. No.2, this Court considers it appropriate not to narrate the entire facts, but limits itself to reflect the submissions advanced by the parties. At the inception, this Court considers it proper to mention here that a joint affidavit has been filed by the petitioners and O.P. No.2 being duly identified by their respective counsels and accordingly, the informant O.P. No.2 being identified by her learned counsel Gopal Krushna Nanda remains present in the Court and acknowledges that they have settled the dispute amicably and they are residing peacefully and happily with harmony and such facts are duly acknowledged by petitioners being identified by their learned counsel Mr. Ashok Kumar Swain-1. The parties produce their original Adhar Cards along with copies being duly attested by the learned counsels for the respective parties. It appears from the affidavit sworn in by the parties that the parties are living happily in a common mess.

4. Law is very well settled that genuine and honest settlement of matrimonial dispute between the wife and her in laws is always considered to be in the interest of family, society and justice. In the above facts and circumstance, this Court considers it apposite to refer to the following observations made at Paragraph-44 by the Apex Court in K. Srinivas Rao Vrs. D.A. Deepa; (2013) 5 SCC 226 , which is extracted as under:-

“We, therefore, feel that though offence punishable under Section 498 -A of IPC is not compoundable, in appropriate cases if the parties are willing and if it appears to the criminal court that there exist elements of settlement, it should direct the parties to explore the possibility of settlement through mediation. This is, obviously, not to dilute the rigour, efficacy and purport of -A , but to locate cases where the matrimonial dispute can be nipped in bud in an equitable manner. The Judges, with their expertise, must ensure that this exercise does not lead to the erring spouse using mediation process to get out of clutches of the law. During mediation, the parties can either to part company on mutually agreed terms or they may decide to patch up and stay together. In either case for the settlement to come through, the complaint will have to be quashed. In that event, they can approach the High Court and get the complaint quashed. If, however, they choose not to settle, they can proceed with the complaint. In this exercise, there is no loss to anyone. If there is settlement, the parties will be saved from the trials and tribulations of a criminal case and that will reduce the burden on the courts which will be in the larger public interest. Obviously, the High Court will quash the complaint only if after considering all circumstances it finds the settlement to be equitable and genuine. Such a course, in our opinion, will be beneficial to those who genuinely want to accord a quietus to their matrimonial disputes.