Shri Prashant Sharma, counsel for the applicants.

Shri R.D. Agrawal, Panel Lawyer for the respondent No.1.

Shri A.K. Dwivedi, counsel for the respondent No.2.

This petition under Section 482 of CrPC has been filed for quashing the FIR in Crime No.249/2013 registered by Police Station Joura, District Morena for offences punishable under Sections 498A, 506, 323, 427 of IPC as well as under Section 3, 4 of Dowry Prohibition Act and all the consequent proceedings pending before the Court of JMFC, Morena.

The necessary facts for the disposal of the present application are that a complaint was made by the complainant/respondent No.2 on 16.05.2013 that the engagement of the complainant had taken place with the applicant No.1 on 12^th June, 2011 and the father of the complainant had spent Rs.2.5 lacs and Rs.1 lac in cash was given. Thereafter, the applicants and other relatives started demanding money and they were demanding Rs.8 lacs in cash and as the father of the complainant was not in a position to fulfill their demand, therefore, they refused for marriage which was scheduled on 12^th February, 2012, because of that, the complainant had lodged a FIR against the applicants and their relatives and accordingly the FIR in Crime No.21/2012 for offences punishable under Sections 406, 506 Part II of IPC and under Section 3, 4 of Dowry Prohibition Act was registered. Thereafter, the applicant No.1 tendered his apology and assured that the complainant will not be harassed in future and therefore relying on the assurance given by the applicant No.1, the complainant got married to the applicant No.1 on 16^th July, 2013 in the Arya Samaj Temple and on the assurance given by the applicants and their relatives, the matter was compromised. However, thereafter, the applicants and their relatives started demanding salary from the complainant and when the complainant refused to give her salary to the applicants and their relatives, then they started harassing her physically as well as mentally. On 13.05.2013, the applicants again demanded her salary and when she refused to give the same then she was beaten as a result of which she suffered several injuries. When the complainant tried to go to the police station to lodge a FIR then the doors of the room were locked and the spectacles of the complainant were broken and the contact lens was thrown. On hearing hue and cry raised by the complainant her neighbor Neeraj Sharma and his wife alongwith their servant intervened in the matter. The applicant No.1 took away the mobile of the complainant. On 16.05.2013, while she was taking rest in the house, the applicant No.1 entered in the official residence of the complainant and started beating her. Her mother was also assaulted, when she tried to intervene in the matter. Accordingly, the FIR was lodged.

It is submitted by the counsel for the applicants that initially the complainant compromised the matter which was registered on the report of the complainant for offences punishable under Sections 406, 506 Part II of IPC and under Section 3, 4 of Dowry Prohibition Act. Thereafter, she again filed an application under Section 320 (2) of CrPC seeking permission of the Court to compound the present case. The said application was partially allowed and as the offence punishable under Sections 498-A, 506 Part II of IPC and under Section 3, 4 of Dowry Prohibition Act were not compoundable, therefore, the prayer in respect of these offences was rejected. However, the offences under Section 323 r/w 34 and 427 of IPC were compounded and the applicants were acquitted for the said offences. As the Trial Court did not have any jurisdiction to compound the non- compoundable offences, therefore, the applicants filed a petition under Section 482 of CrPC before this Court which was registered as M.Cr.C.No.201/2016 for quashing the proceedings on the basis of compromise. However, the respondent No.2 did not appear in M.Cr.C.No.201/2016, therefore, the proceedings could not be quashe