ORDER

09.06.2022 Heard Mr P Bora, learned Senior Counsel for the petitioner and Ms M Buzarbaruah, learned counsel for the respondent No. 2/informant. Also heard Mr B Sarma, learned Additional Public Prosecutor for the State of Assam/respondent No. 1.

Present petition has been preferred by the petitioner, Dr Rajeev T P, who has been arrayed as one of the accused in the charge sheet so filed against him in connection with All Women PS Case No. 70/2012, pertaining to GR Case No. 6951/2012, pending in the Court of learned SDJM No. II, Kamrup (Metro) at Guwahati, with a prayer for quashing the aforesaid proceeding on the ground of settlement arrived at between the parties. Learned counsel for the informant/respondent No. 2 has also entered their appearance and filed an affidavit supporting the contention raised in the petition that the matter has already been settled between them, before the Gauhati High Court Mediation Centre, Guwahati and while the matrimonial appeal was taken up for hearing. Now in terms of the settlement, they have resolved all the disputes and mutual divorce has been effected thereafter and hence, she has no more grievances against the petitioner and has no objection if the entire proceeding pertaining to GR Case No. 6951/2012 is hereby quashed and set aside.

Also heard the submissions of the learned counsel for both the parties. Perused the documents that have been annexed.

From the FIR itself, it reveals that due to certain marital discord between the parties, the FIR was filed on 27.06.2012 and the case has been charge sheeted on 28.02.2013, vide Annexure-1 is the FIR and Annexure-2 is the charge sheet and the matter is now at evidence stage, before the learned trial Court.

Documents further reveal that in the meantime, the divorce petition that was filed by the petitioner was dismissed, as against which a matrimonial appeal was preferred by him, being Matrimonial Appeal No. 6/2018. During pendency of the matrimonial appeal, the matter was sent for mediation before the Gauhati High Court Mediation Centre, wherein, both the parties have sort out their differences and decided to obtain mutual divorce, vide Annexure-4 is the Memorandum of Settlement under Section 89 of the CPC, 1908. The order of the Division Bench in Matrimonial Appeal No. 6/2018 dated

09.05.2022, reveals that on the basis of such settlement before the Mediation Centre, the parties have settled the matter and also decided not to proceed further with any of the cases against each other, including GR Case No. 6951/2012.

After going through all the documents, it appears that the matter relates to matrimonial dispute. The FIR was filed because of such marital discord between the parties and in the meantime, the parties have meted out all the grievances between them and obtained mutual divorce. That being so, it is discernible that while the parties had buried their grievances against each other, further criminal proceeding against the petitioner will cause serious injustice, while other side/the informant also has no intention to continue the criminal proceeding against the petitioner, any more.

It is no more res integra that the power under Section 482 CrPC is much wider than the provision of Section 320 CrPC, which can appreciate and allow such settlement(s), even though the offence is not compoundable. In Narinder Singh & Others –Vs- State of Punjab & Anr.; (2014) 6 SCC 466, it has been held that when the matter arises out of matrimonial dispute or family dispute, it should be quashed when the parties have resolved their entire disputes among themselves.

Considering all above and the documents placed before the Court, this Court is of the opinion that further continuation of the proceeding can be interfered into by exercise of the provision under Section 482 CrPC, in the given facts and circumstances.

Accordingly, the criminal petition is allowed and the entire proceeding pertaining to GR Case No. 6951/2012, pending in the Court of learned SDJM No. II,