IMPORTANT POINT
The court may quash proceedings for non-compoundable offences based on a compromise if the offences do not significantly impact society.

JUDGMENT :

Ram Manohar Narayan Mishra, J.

1. Heard Sri Ram Raj Pandey, learned counsel for the applicants, learned AGA for the State and perused the record.

2. Both applications are arising out of same summoning order, same proceedings and informants are co-accused in the same criminal case, hence both the applications are being heard and decided by a common judgment.

3. By means of instant application filed under section 482 Cr.P.C. the applicants have assailed same cognizance order, summoning order dated 10.03.2010 passed by Judicial Magistrate, Baghpat and has also prayed for quashing the entire proceedings of S.T. No.497 of 2010 arising out of Case Crime No.294 of 2009, under Sections 498-A, 323, 504, 506, 307 IPC and 3/4 D.P. Act, Police Station Balainee, District Baghpat (State Vs. Raju @ Rajkumar and others).

4. According to prosecution version, the informant- Smt. Rinki @ Guddi, (respondent No.2) lodged the first information report at Police Station concerned on 9.11.2009 with averments that she was married with Monu S/o Gulab Giri on 17.6.2009, in which her father given sufficient gifts and dowry up to his financial capacity. Unfortunately, after three months of marriage, in the night of 12/13.9.2009 her husband died. An offer was made by her father-in-law to her father to re-marry the informant with his other son Raju @ Rajkumar due to death of her husband and her marriage was solemnized with Raju @ Rajkumar on 18.9.2009. However, after her marriage with Raju @ Rajkumar, her husband and parents-in-laws started harassing for non fulfilment of dowry, she narrated her story to her parents and her brother when he came to meet her on 10.01.2009. Her father and family members tried to convinced the persons not to harass her but they did not pay any heed and continued with demand of dowry and on 8.11.2009 11.00 A.M. when she was in her parental house, her husband Raju @ Raj Kumar, parents-in-law and brother-in-law Sonu visited her house and in absence of her parents and family members, who had gone to see paddy crops, they abused, her husband and mother-in-law tried to commit murder by a rope tied around her neck, her father-in-law, brother-in-law assaulted her by a knife and stick, the witnesses came at the place of occurrence to hear her cries and saved her. She got her medical examination at Government Hospital. The police, after investigation filed charge sheet against the applicants under sections 498-A, 323, 504, 506, 307 IPC and 3/4 D.P. Act.

5. Learned counsel for the applicants submits that during pendency of the present applications, under Section 482 Cr.P.C before this Court, parties wished at compromise and this fact has been brought to the notice of this Court in compliance of the order dated 12.4.2024 by this Court, a compromise deed was filed before the court concerned i.e. Ist Additional Sessions Judge, Baghpat and learned court below has verified the compromise on 11.6.2024 and passed an order in this regard. A certified coy of this order dated 11.6.2024 has already been filed with the present application. Therefore, the matter may kindly be decided on the basis of compromise and proceedings pending before the court below may be quashed in the light of the compromise agreed by the complainant and accused persons. He lastly submitted that dispute between the parties being essentially matrimonial in nature and this is in the interest of justice and family peace the proceedings of trial court be quashed accordingly.

6. Per contra, learned AGA submits that the applicants are prosecuted in a case under sections 498A, 323, 504, 506, 307 IPC and Section 3/4 D.P. Act before the Sessions Court and charge under section 307 IPC of being serious in nature and proceedings against the applicants should not be quashed on the basis of compromise. However, it is admitted fact that this Court can exercise its power under Section 482 Cr.P.C to scuttle the proceeding, on the basis of compromise even in non-compoundable offences but w