The Court emphasized the significance of considering settlements and satisfaction of grievances in quashing criminal proceedings, even in non-compoundable offences.

ORDER :

Akhil Kumar Srivastava, J.

1. The petitioner has filed this petition under section 482 of Cr.P.C., seeking quashment of criminal complaint No. 07 [CNSR No. MP21010125602019] against the petitioner pending before the Court of Judicial Magistrate First Class, Katni, for having committed offence under sections 498-A of IPC and further proceeding thereon.

2. According to the case of prosecution, on 28.04.2016 petitioner and respondent No. 2 got married as per Hindu rites and rituals at Narsinghpur. Out of wedlock, one daughter Ku. Mannat born. It is alleged that after marriage, serious differences arose between the petitioner and the respondent No. 2. The family members of respondent No. 2 made complaint against the petitioner and the family members of petitioner. The respondent No. 2 made a criminal complaint before the Court of Judicial Magistrate First Class, Katni, against the petitioner, mother-in-law, father-in-law, brother-in-law, sister-in-law making allegation of demand of dowry. After hearing the arguments, the Court of Judicial Magistrate First Class-Katni, registered complaint only against the petitioner/husband for the offence under Section 498-A of IPC vide order dated 23.12.2019.

3. It is submitted by the counsel for the petitioner that the compromise has taken place between the petitioner and the respondent No. 2. Both are living together along with their daughter happily. Now, there is no dispute between them. Learned counsel for the petitioner submits that he has filed I.A. No. 13177/2020 an application under Section 320 of Cr.P.C., jointly by the parties supported by affidavits for compromise. With these submissions prayed to quash the impugned order dated 23.12.2019 in regard to registration of the FIR against the petitioner.

4. This Court vide order dated 22.12.2020, directed for verification of the genuineness and authenticity of the compromise between the parties. On 09.02.2021, the Registrar(J-II), recorded the statement of petitioner and the complainant/respondent No. 2, the same reads as under:-

".......I personally posed question to complainant Smt. Harsha Chhitija to verify about the voluntariness of the proposed compromise. She has expressed that, she has voluntarily entered into a compromise with applicant with her free will and volition and without any threat and inducement from the applicant to settle their disputes. I satisfied myself about the fact that complainant Smt. Harsha Chhitija did not appear to be under any threat inducement or pressure in entering into a compromise as proposed. Complainant Smt. Harsha Chhitija appeared before me and submitted that she has amicably resolved the disputes between herself and Applicant and now, their matter stands fully and finally settled....."

5. Learned counsel for the complainant submitted that matter has been amicably settled between the parties and petitioner and respondent No. 2/complainant are living together happily and in terms of compromise, prayed to set aside the impugned order dated 23.12.2019.

6. Section 498-A of IPC reads as under:-

"498A. Husband or relative of husband of a woman subjecting her to cruelty.--Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine. Explanation.--For the purpose of this section, "cruelty" means--

(a) any wilful conduct which is of such a nature as is likely to drive the woman to commit suicide or to cause grave injury or danger to life, limb or health (whether mental or physical) of the woman; or

(b) harassment of the woman where such harassment is with a view to coercing her or any person related to her to meet any unlawful demand for any property or valuable security or is on account of failure by her or any person related to her to meet such demand.]"

7. For ready reference Section 482 of Cr.P.C., is as follows:-

"482. Saving of inherent powers of High Cour