The court established the power of the court to quash non-compoundable offences based on compromise in matrimonial disputes, citing legal principles and precedents.

JUDGMENT :

(Sameer Jain, J.)

1. Heard Sri Brij Gopal, learned counsel for the applicants and Sri Varun Kumar Agnihotri, learned Brief Holder of the State-respondent.

2. The instant application u/s 482 Cr.P.C., has been moved on behalf of the applicants with a prayer to quash the proceeding of case No. 7754 of 2020, under Sections 498A, 323, 504, 506 IPC and 3/4 D.P. Act, pending in the court of Chief Judicial Magistrate, Etah as well as summoning order dated 6.8.2022.

3. Learned counsel for the applicants submitted that applicant nos. 1 and 2 are in-laws of the opposite party no. 2 while applicant no. 3 is her husband and both husband and wife have amicably settled their dispute and with regard to the offence under section 406 IPC, a mediation proceeding was held between the parties which succeeded on 24.8.2022 and on the basis of report of the mediation centre of the case relates to section 406 IPC dated 24.8.2022 proceeding of that case was quashed by this Court vide order dated 19.9.2022 passed in Crl. Misc. Application u/s 482 Cr.P.C. No. 16781 of 2020 and as per the final settlement dated 24.8.2022 both husband and wife i.e. applicant no. 3 and opposite party no. 2 agreed to withdraw all the cases pending between them due to marital discord and pursuant to the settlement dated 24.8.2022, they also filed an application under section 13 B of the Hindu Marriage Act for divorce through mutual consent and therefore, no dispute is left between them and present proceeding which also arose due to marital discord is liable to be quashed in view of the above, compromise dated 24.8.2022 executed between the parties before mediation and conciliation centre of this Court.

4. Per contra, learned AGA although opposed the prayer but could not dispute the fact that the present dispute is purely matrimonial dispute and applicant no. 3, the husband and opposite party no. 2, the wife have already settled their dispute at mediation and conciliation centre of this Court in a case relates to Section 406 IPC which was also outcome of their matrimonial discord and in this regard on 24.8.2022 a final settlement took place between the parties and they agreed to withdraw all the cases arose due to matrimonial dispute and therefore, if proceeding pending against the applicants is quashed on the basis of the settlement arrived between the parties at mediation and conciliation centre of this Court then he is having no objection.

5. I have heard learned counsel for both the parties and perused the record of the case.

6. From the perusal of the record, it reflects that applicant no. 1 and 2 are in laws of opposite party no. 2 and applicant no. 3 is her husband and due to marital discord some cases were filed by opposite party no. 2 against the applicants. The present case is also the outcome of marital discord arose between the parties. From the record it further reflects that in a case which relates to section 406 IPC initiated by opposite party no. 2 against the applicants, they approached this Court vide Crl. Misc. Application u/s 482 Cr.P.C. No. 16781 of 2020 in which this Court referred the matter to mediation and conciliation centre of this Court and before mediation proceeding applicant no. 3, the husband and opposite party no. 2, the wife i.e. informant of the case settled their dispute and on 24.8.2022, a compromise has been executed between them at mediation and conciliation centre of this Court in mediation proceeding and on the basis of the agreement dated 24.8.2022, this Court on 19.9.2022 quashed the proceeding of case relates to section 406 IPC pending between the parties.

7. From the perusal of the settlement executed between the parties dated 24.8.2022 in mediation proceeding of this Court which has been annexed as annexure-6 to the affidavit, it appears that both the parties have already filed an application under section 13 B Hindu Marriage Act for their divorce through mutual consent and they also agreed to withdraw all the cases pendi