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2024 Supreme(Online)(MP) 31785
HIGH COURT OF MADHYA PRADESH
Vinay Saraf, J
Siddharth Deo – Appellant
Versus
State of Madhya Pradesh – Respondent
MISC. CRIMINAL CASE No. 12498 of 2024
For the Appellants/Petitioners: Ankit Saxena, Pankaj Dubey
For the Respondents: Mahesh Acharya, Shikha Sharma
The High Court quashed criminal proceedings under IPC and the Dowry Prohibition Act following a verified voluntary settlement between the husband and wife, relying on the principle established in Gian Singh vs. State of Punjab.
Headnote:(A) Criminal Proceedings - Quashment - Settlement between parties - Where the parties in matrimonial disputes have voluntarily settled their disputes and the complainant agrees to quash the proceedings, the Court may exercise its inherent powers to quash the criminal proceedings to secure the ends of justice. (Para 4)
(B) Legal Precedent - Gian Singh vs. State of Punjab - Adoption of the principle that criminal proceedings can be quashed based on a genuine compromise between the parties. (Para 4)
Issues: Whether the criminal proceedings arising from matrimonial disputes can be quashed on the basis of a voluntary settlement between the parties.
This application coming on for hearing this day, the court passed the following:
ORDER
Present petition has been preferred by the petitioners/accused persons for quashment of criminal proceedings in RCT No. 5209/2023 pending in the court of Judicial Magistrate I Class arising out of crime No.23/2023 registered at Police Station Mahila Thana, District Jabalpur for the offences u/S, 498-A, 294, 323, 506, 34 and 406 of IPC and Section 3 /4 of Dowry Prohibition Act.
The case was registered upon the complaint of respondent No.2 Akriti Nema who is the wife of accused no.1/ Siddharth Deo. The application has been preferred on the ground that parties have settled their dispute and in furtherance of settlement/compromise the respondent No.2/complainant is agreed to quash the criminal proceedings initiated upon her complaint.
I.A. No. 7551/2024 in filed in the present petition which is duly signed by counsel of both the parties and supported by affidavit of respondent No.1 as well as respondent No.2 wherein they confirmed the factum of settlement. By order dated 03.4.2024 the parties were directed to remain present before Registrar Judicial II on 08.04.2024 for verification of factum of compromise. As per the report of Registrar Judicial II on 08.04.2024 the parties entered appearance in the compromise voluntarily and after understanding the effect of compromise with free will without any threat or inducement and the terms of compromise are not in violation of law as the report of compromise appears to be genuine and the same has been verified during the process of verification Registrar Judical- II as regard the statement of applicants as well as respondent no.2 which was duly identified by the counsel who is appearing on her behalf in the present matter.
Considering the factum of compromise the law laid down by the Apex Court in the matter of Gian Singh vs. State of Punjab and another reported in 2012 (10) SCC 303 the aforesaid application is allowed. Criminal proceedings in RCT No. 5029/2023 state of MP, through P.S, Mahila Thana, Jabalpur pending before Judicial Magistrate Class I, Jabalpur is hereby quashed.
With the aforesaid observations, the aforesaid application is allowed, and this petition is disposed of in terms of compromise.
