The power of the High Court under Section 482 Cr.P.C. to quash criminal proceedings should be exercised to secure the ends of justice and to prevent abuse of the process of law, especially in cases of family disputes where the wrong is private or personal in nature and the parties have resolved their entire dispute.

ORDER :

S.R. Sen, J.

1. Heard learned counsel for the petitioner Mr. K.C. Gautam, who submits that initially an FIR was lodged by respondent No. 3, the wife of the petitioner No. 1. The learned counsel further contends that respondent No. 3 and the petitioner No. 1 are the husband and wife and they had some family disputes which has resulted in the FIR dated 17-9-2011. On the basis of the FIR, the police registered a case u/s 498-A /494 /506 IPC read with Section 3/4 of the Dowry Prohibition Act. Subsequently the matter was charge-sheeted before the Judicial Magistrate and the case is pending as on today. In the meantime, respondent No. 3, the wife gave birth to a child and came to a settlement with the petitioner No. 1 and further the respondent No. 3 did not intend to proceed with the case. The learned counsel also pointed out that the statement of the respondent No. 3 was recorded which is at Annexure-IV of this petition as well as order passed by the Judicial Magistrate, East Khasi Hills, Shillong at Annexure-V. The learned counsel pointed out that since the matter is purely a family dispute and since both the parties have settled the matter amicably. Therefore, there is no point to drag the case further and if the proceeding is not quashed, the matrimonial life between the parties may deteriorate beyond repair.

2. Also heard Mr. S. Sengupta, the learned Addl. PP who submits that the Court may pass necessary order as deem fit and proper.

3. I have perused the statement of the respondent No. 3 which is at Annexure-IV (Page-18) of the petition which is reproduced below:

My name is Julie Majumder w/o Sumeet Paul, I am about 22 years old and I reside in Nongmynsong with my parents. My mother's name is Jamuna Majumder and my father's name is Pradeep Majumder. I am a housewife. I lodged an FIR sometime in the month of September 2011 against my husband Sumeet Paul and my mother-in-law Rekha Paul due to demand of money and torture meted out to me and also for my husband pursuing an extra-marital affair with another woman. I want to compound this case for the sake of my child. My parents are poor and will not be able to sustain me and my child. I want to stay together as a family with my husband. I want to compound this case of my own accord. No one has threatened me or induced me in any manner to compound this case. I have spoken to my husband and he has assured me that he will not indulge in an extra-marital affair anymore and will not abuse me physically and mentally anymore. I want to provide a family for my new born child. My child was born on 8th November 2011. I have forgiven my husband, my mother-in-law and Neelam Marak. I have never met the woman Neelam Marak. I had only heard about her from my mother who found out about the same. I want to start my family life with my husband and my child. If the case is not allowed to be compounded then it will cause me greater harm as I am unemployed and a mere housewife. My parents are poor and cannot sustain me and my child. 1 want to compound this case so as to provide security for my child.

4. On perusal of the statement as quoted above, it is clear and apparent to me that the matter has been settled between the respondent No. 3 and the petitioner No. 1 and the respondent No. 3 is no more interested with the criminal proceeding under GR (A) Case No. 87 of 2012 pending in the Court of Judicial Magistrate, East Khasi Hills, Shillong. I have also perused the order passed by the learned Judicial Magistrate, East Khasi Hills, Shillong dated 23-4-2012. On perusal of the said order, it appears that the learned Judicial Magistrate, East Khasi Hills, Shillong has rejected the settlement prayer and to close the proceeding on the ground that sections are non-bailable and non-compoundable.

5. After hearing the submission advanced by the learned counsel for the petitioner as referred to above and having going through the records before me, I am of the considered view that the matter is purely a family