IN THE HIGH COURT OF MADHYA PRADESH
Dinesh Kumar Paliwal, J.
Brajmohan Lakher & Ors. – Appellants
Versus
The State of Madhya Pradesh & Ors. – Respondents
Misc. Criminal Case No. 23144 of 2022
Decided On : 19-12-2022
Section 482 - Quashment of FIR - IPC, Dowry Prohibition Act - 498A, 3, 4 - The court referred to various cases and held that criminal proceedings arising out of matrimonial disputes can be quashed if the matter has been settled between the parties amicably. The court emphasized the duty to encourage genuine settlements of matrimonial disputes and the wide and unfettered inherent powers of the High Court under Section 482 of the Code. The court allowed the application and quashed the FIR based on the compromise entered into between the parties.
Fact of the Case:
The petition was filed for quashing the FIR registered for offences under Sections 498A of IPC read with Section 3, 4 of Dowry Prohibition Act. The parties settled their differences through mediation and requested the court to take the settlement on record and drop the criminal proceedings.
Finding of the Court:
The court found that the parties had amicably settled their differences through mediation and entered into a compromise, leading to the request to drop the criminal proceedings. The court emphasized the duty to encourage genuine settlements of matrimonial disputes and allowed the application, quashing the FIR based on the compromise.
Issues: The main issue was whether the court should quash the criminal proceedings arising out of matrimonial disputes based on the settlement between the parties.
Ratio Decidendi: The court held that the inherent powers of the High Court under Section 482 of the Code are wide and unfettered, emphasizing the duty to encourage genuine settlements of matrimonial disputes. The court referred to various cases and principles to guide the treatment of settlements in exercising its power under Section 482 of the Code.
Final Decision: The court allowed the application and quashed the FIR under Sections 498A of IPC read with Section 3, 4 of Dowry Prohibition Act based on the compromise entered into between the parties. The terms mentioned in the mediation report were made binding on both parties, and they were directed to file a petition for dissolution of marriage by mutual consent within two months.
ORDER
1. This petition has been filed for invoking inherent powers under Section 482 of the Code of Criminal Procedure for quashment of FIR / Crime No.5/2021 registered at P.S. Ajay Garh District Panna for commission of offence punishable under Sections 498-A of IPC read with Section 3 / 4 of Dowry Prohibition Act against the petitioners.
2. On 5.8.2022 the parties submitted that there is a possibility of settlement between the parties in M.Cr.C. No.11088/2021, so the matter be referred for mediation. In pursuance to the same, parties appeared before the Mediation Centre, High Court of M.P., Jabalpur, on 28.10.2022 and amicably settled their disputes on the conditions of mediation.
3. The brief facts of the case are that marriage of respondent no.2 Shrishti @ Tanu Lakhera was solemnized with Atul Lakhera as per Hindu customs on 27.2.2019.
4. The respondent No.2 lodged an FIR against the petitioners and his son for the offence punishable under Sections 498A of IPC read with Section 3, 4 of Dowry Prohibition Act. Being aggrieved by the same, this petition under Section 482 of Cr.P.C. has been filed. During pendency of this petition, both the parties requested to refer the matter for mediation.
5. The parties amicably settled their differences by way of mutual settlement in the mediation proceeding conducted on 28.10.2022 and amicably settled their disputes on the conditions of mediation.
6. I have heard learned counsel for the parties. Learned counsel for the parties placing reliance on the case of Jitendra Raghuvanshi and others vs. Babita Raghuwanshi and another passed in Criminal Appeal No.447/2013 vide judgment dated 15.03.2013 by the Supreme Court, Jagdish Channa and others vs. State of Haryana and another - AIR 2008 SC 1968, Madan Mohan Abbot vs. State of Punjab - AIR 2008 SC 1969, Shiji vs. Radhika and another - (2011) 10 SCC 705, Narinder Singh and others vs. State of Punjab- (2014) 6 SCC 466 and Gian Singh vs. State of Punjab and others reported in (2012) 10 SCC 303 have submitted that criminal proceedings arising out of matrimonial disputes can be quashed by the Court, if the Court is satisfied that the matter has been settled between the parties amicably.
7. It is not in dispute that on the case in hand, subsequent to filing of criminal case under Sections 498A of IPC read with Section 3, 4 of Dowry Prohibition Act, parties concerned have amicably settled their differences and executed a compromise/settlement and pursuant thereto, entered into compromise before the mediation centre, High Court of M.P., Jabalpur, with a request to take the same on record and to drop the criminal proceedings against the petitioners herein. It is also not in dispute that respondent no.2/wife before the Mediation Centre has stated that she has entered into the compromise and did not wish to pursue criminal proceedings against the petitioners and fully supported the contents of the compromise application.
8. In the case of Jitendra Raghuwanshi (supra) Hon'ble Supreme Court held as under:-
9. 'Learned counsel for the parties, by drawing our attention to the decision of this Court in B.S. Joshi and Others vs. State of Haryana and Another, (2003) 4 SCC 675, submitted that in an identical circumstance, this Court held that the High Court in exercise of its inherent powers under Section 482 can quash criminal proceedings in matrimonial disputes where the dispute is entirely private and the parties are willing to settle their disputes amicably. It is not in dispute that the facts in B.S. Joshi (supra) are identical and the nature of the offence and the question of law involved are almost similar to the one in hand. After considering the law laid down in State of Haryana vs. Bhajan Lal, 1992 Supp (1) SCC 335 and explaining the decisions rendered in Madhu Limaye vs. State of Maharashtra, (1977) 4 SCC 551, Surendra Nath Mohanty & Anr. vs. State of Orissa, (1999) 5 SCC 238 and Pepsi Foods Ltd. & Anr, vs. Special Judicial Magistrate & Ors., (1998) 5 SCC 749,
B.S. Joshi and Others vs. State of Haryana and Another
Gian Singh vs. State of Punjab and others reported in (2012) 10 SCC 303
Jagdish Channa and others vs. State of Haryana and another
Madan Mohan Abbot vs. State of Punjab
Madhu Limaye vs. State of Maharashtra
Narinder Singh and others vs. State of Punjab
Pepsi Foods Ltd. & Anr, vs. Special Judicial Magistrate & Ors.
In the exercise of power under Section 482 and while dealing with a plea that the dispute has been settled, the High Court must have due regard to nature and gravity of offence. Heinous and serious o....
In cases of matrimonial disputes, the High Court can exercise its inherent power to quash the FIR if the parties have settled the dispute amicably, even if the offenses are non-compoundable.
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