Courts can quash proceedings for non-compoundable offenses, like Section 307 IPC, if the dispute arises from matrimonial relations and is resolved amicably, without serious societal impact.

JUDGMENT :

V. Narasingh, J.

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

2. The CRLMC has been filed for quashing of annexure dated 16.07.2015 in C.T. No.4999 of 2013 by the learned SDJM, Bhubaneswar under section-498(A)/323/307/294, inter alia, on the ground of compromise.

3. The inherent jurisdiction of this Court under section-482 Cr.P.C. is invoked by the Petitioners for quashing the order of cognizance order dated 16.07.2015 passed by the learned SDJM, Bhubaneswar in C.T. Case No.4999 of 2013, under Sections-498(A)/323/307/294/406/506/34 of IPC .

4. It is apt to note here that Bhubaneswar UPD Mahila P.S. Case No.342 of 2013 was instituted at the behest of opposite Party No.2 against the present Petitioners and was registered under Sections- 498(A)/323/294/307/354/506/34 of IPC .

5. The Petitioner No.1 is the husband, Petitioner No.2 and 3 are the father & mother-in-law and Petitioner No.4 and 5 are the sister-in-law and brother-in-law of the Opposite Party No.2(Smt. Simarekha Dalai).

6. The ground on which the quashing is sought is that in the meanwhile the matter has been settled inter se between the parties and affidavit to the said effect has been filed by the informant opposite party No.2 (Smt. Simarekha Dalai), which is on record.

7. Learned counsel for the Petitioner referring to the said affidavit submits that the case at hand is primarily is an offshoot of matrimonial dispute and there is no chance of any conviction and in fact continues of the proceeding would be an abuse of the process of law.

8. Learned counsel for the Petitioner relies on paragraph-3 and 4 of the affidavit filed by the informant, which is extracted hereunder.

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3. That I am the wife of the petitioner No.1 and due to some misunderstanding I had lodged the aforesaid case against the petitioners. In the meantime all the dispute among us has been resolved on the intervention of the gentlemen.

4. That now I do not want to proceed with the above all mentioned case since I am leading a happy conjugal life with my husband and other family members.”

xxx xxx xxx”

9. Learned counsel for the informant reiterates the stand in the affidavit filed by the informant and submits that since the matter has been settled and she is leading a happy conjugal life with her husband and other family members, the proceeding may be quashed.

10. One of the offences of which cognizance has been taken is under Section-307 of IPC and adverting to the same it is submitted by the learned counsel for the State that since the same is non- compoundable one, this Court should be circumspect in quashing the proceeding notwithstanding the compromise inter se between the parties.

11. It is apt to note here that power of the Court to quash the proceeding in cases of this nature which are primarily out of matrimonial disputes have been succinctly dealt with by the Apex Court in the case of B.S. Joshi and others V. State of Haryana and another , reported in, AIR 2003 SC 1386 .

12. In paragraph-12 of B.S. Joshi and others(Supra), it is stated thus

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It becomes the duty of the Court to encourage genuine settlements of matrimonial disputes

xxx xxx xxx”

13. The power of this Court to quash the proceeding independently bereft of compounding of offences as stated in Section-320 of the Cr.P.C. was the subject matter of consideration by the Apex Court in the case of State of Madhya Pradesh V. Laxmi Narayan and others , 2019(5)SCC 688 wherein Three Judge Bench of the Apex Court on the reference laid down the law as under:

“ xxx xxx xxx

13. Considering the law on the point and the other decisions of this C