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HIGH COURT OF ALLAHABAD
M.A.Khan
RAEES AHMAD
Versus
STATE OF U P
Decided On : 19 May 2000
Criminal Misc. Case No. 551 of 2000
Compounding of Offence - Domestic Violence - The court directed the parties to appear before the lower court and file a compromise to restore normalcy between the parties, emphasizing the benefit of the couple and the restoration of peace in future.
Fact of the Case:
The brother of the wife lodged an F.I.R. against the petitioners under Sections 498-A/323/506, IPC read with Section 3/4 of the Dowry Prohibition Act. The parties compromised their disputes and the wife is now living with her husband happily. The petitioners sought to quash the charge-sheet submitted against them.
Finding of the Court:
The court found that the charge-sheet cannot be quashed based on the available material. However, it directed the parties to file a compromise before the lower court to permit the compound of the dispute, emphasizing the benefit of the couple and the restoration of peace in the future.
Issues: The issue was whether the charge-sheet submitted against the petitioners should be quashed in light of the compromise between the parties.
Ratio Decidendi: The court decided that the charge-sheet cannot be quashed, but emphasized the importance of allowing the parties to compound the offence to restore normalcy and peace between the parties.
Final Decision: The petition was disposed of finally with the direction for the parties to appear before the lower court and file a compromise to restore normalcy and peace between the parties.
Heard learned Counsel for the parties and I have been through the record.
2. Opposite party No. 2, brother of wife, had lodged an F. I. R. under Sections 498-A/323/506, IPC read with Section 3/4 of the Dowry Prohibition Act against the petitioners. The Investigating Agency after investigation, submitted charge-sheet which is now pending before the learned Magistrate. In the meantime, the parties compromised their disputes and now the wife is living with husband happi ly. It has been prayed that the charge-sheet submitted against the petitioners be quashed.
3. On the basis of material available on record, the charge-sheet can not be quashed. However, in view of the facts and circumstances of the case learned lower Court may permit the compromise of the dispute between the parties and the com promise aforesaid will be for the benefit of the couple and by allowing the parties to compound offence it can restore normalcy between the parties.
4. It is therefore, directed that the par ties shall appear before the lower Court either in person or through their Counsel and shall file the compromise there which is already on record. Learned lower Court shall pass an order on the basis of that compromise so that husband and wife and their relations may have peace in future.
5. With these observations, petition is disposed of finally.
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