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2015 Supreme(MP) 409
MADHYA PRADESH HIGH COURT AT GWALIOR BENCH
C.V. Sirpurkar, J.
Ashish Kumar and Ors. - Appellant
Versus
State of M.P. and Ors. - Respondent
M. Cr. C. No. 8428-2013
Decided On : 11-03-2015
For the Petitioner:S.S. Rajput, Advocate.
For the Respondents: A.S. Yadav, Panel Lawyer.
The court has the power to quash proceedings arising from non-compoundable offences, such as section 498-A of the IPC, based on the amicable settlement of matrimonial disputes, in order to promote social harmony.
Headnote:
Compounding of Offence - Matrimonial Dispute - The court allowed the petition under section 482 of the IPC and quashed the First Information Report and the proceedings arising from it, based on the amicable settlement of matrimonial disputes between the parties, despite the non-compoundable nature of the offence under section 498-A of the IPC.
Fact of the Case:
The applicants were charged under section 498-A read with section 34 of the IPC for harassing the complainant in connection with their demand for dowry. The complainant filed a written report in P.S. Mungawali, and during the pendency of the petition, the parties entered into a compromise.
Finding of the Court:
The court found that the parties had voluntarily entered into a compromise without coercion, inducement, or threat, and quashed the First Information Report and the proceedings to promote harmony in society.
Issues: The main issue was whether the court should quash the proceedings arising from a non-compoundable offence under section 498-A of the IPC based on the amicable settlement of matrimonial disputes between the parties.
Ratio Decidendi: The court relied on the Supreme Court's decisions in B.S. Joshi vs. State of Haryana, Jitendra Raghuwanshi and others vs. Babita Raghuwanshi and another, Geeta Mehrotra and another Vs State of U.P., and Gian Singh Vs State of Punjab, which held that in cases of amicable settlement of matrimonial disputes, the High Court can quash proceedings under section 482 of the Code of Criminal Procedure, despite the non-compoundable nature of the offences.
Final Decision: The petition under section 482 of the IPC was allowed, and the First Information Report and the proceedings arising from it were quashed.
C.V. Sirpurkar, J.
1. This M.Cr.C. has been instituted on a petition under section 482 of the Code of Criminal Procedure for quashing the First Information Report registered in Crime No. 239/2013 against the applicants Ashish Kumar and Santosh Bai by P.S. Mungawali, district Ashoknagar under sections 498-A read with section 34 of the I.P.C. It is submitted that subsequent to filing of this M.Cr.C., a charge sheet under section 498-Aread with section 34 of the I.P.C. was filed in the Court of JMFC, Mungawali and was registered as Criminal Case No. 724/2013. The case is pending in that Court.
2. As per the prosecution case, applicant Smt. Santo @ Santosh Bai is mother of applicant Ashish. Applicant Ashish married complainant Rubi on 26.1.2011 as per Hindu Rites. At the time of engagement ceremony and the marriage, the parents of the complainant Rubi had given cash, clothes and other household items to applicants by way of dowry. Her parents had spent approximately Rs.10,00,000/- in the marriage. Even after that the applicants were not satisfied and kept demanding Rs. 5,00,000/- for buying a four-wheeler. Since, the parents of the complainant were not in a position to fulfill the demand, the complainant started living with her parents. Even after that, the applicants kept harassing the complainant in connection with their demand for dowry. Consequently, after about 1 1/2 years of living in her maternal home, the complainant filed a written report in P.S. Mungawali.
3. During the pendency of this petition, I.A. Nos. 1124/15 and 1125/2015 for permission to compound the offence were filed on behalf of the parties on 2.2.2015. Consequently, by order dated 23.2.2015, this Court directed the Principal Registrar of the bench at Gwalior to ascertain the intention of the parties to enter into compromise. Pursuant to the aforesaid direction, the parties namely Savitri @ Rubi, Smt. Santo @ Santosh Bai and Ashish Kumar appeared before the Principal Registrar on 4.3.2015. After recording their statements, the Principal Registrar was satisfied as to the identity of the parties and the fact that they had entered into a compromise voluntarily and without any coercion, inducement or threat.
4. Learned council for the parties have also verified the compromise.
5. In aforesaid view of the matter, it has been prayed that in view of the compromise, proceedings arising from First Information Report registered in Crime No. 239/2013, be quashed.
6. The offence under section 498-A is not compoundable; however, the Supreme Court has held in the case of B.S. Joshi vs. State of Haryana, : 2003(4) SCC 675 as also in the case of Jitendra Raghuwanshi and others vs. Babita Raghuwanshi and another, 2013(3) CCSC 1254 (SC), Geeta Mehrotra and another Vs State of U.P. : (2012) 10 SCC 741 and Gian Singh Vs State of Punjab : (2012) 10 SCC 303 that where parties have entered into an amicable settlement of matrimonial disputes, notwithstanding the fact that the offences are not compoundable under section 320 of the Cr.P.C., the High Court should in the exercise of its powers under section 482 of the Code of Criminal Procedure quashed the proceedings as it does not have any adverse impact upon the society at large. Rather it promotes social harmony.
7. A perusal of report dated 4.3.2015 submitted by the Principal Registrar, this Court is satisfied that applicants and complainant Savitri @ Rubi have entered into a compromise voluntarily without any coercion, inducement or threat. As such, there is no reason as to why the proceedings should not be quashed in order to promote harmony in the society.
8. Consequently, this petition under section 482 of the IPC is allowed. The first information report in Crime No. 239/2013 registered in P.S. Mungawali district Ashoknagar under section 498-A read with section 34 of the I.P.C. against the applicants Ashish Kumar and Santo @ Santosh Bai is quashed. The proceedings before JMFC, Mungawali district Ashoknagar in Criminal Case No.
