IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE VINAY SARAF
ON THE 2nd OF MAY, 2024
MISC. CRIMINAL CASE No. 12786 of 2024
BETWEEN:-
1.
VYOM ARORA S/O SHRI VIJAY
ARORA, AGED
ABOUT
38
YEARS, OCCUPATION:
BUSINESS
RESIDENT OF R/O 70 PHASE 1, GOLDEN CITY
COLONY MISROD BHOPAL (MADHYA PRADESH)
2.
VIJAY
ARORA S/O SHRI ARORA, AGED ABOUT 69
YEARS, OCCUPATION: BUSINESS 70 PHASE 1
GOLDEN CITY
COLONY
MISROD BHOPAL (M.P.)
(MADHYA PRADESH)
3.
SUNITA ARORA W/O SHRI VIJAY
ARORA, AGED
ABOUT 64 YEARS, OCCUPATION: HOUSE WIFE 70
PHASE
1
GOLDEN
CITY
COLONY
MISROD
BHOPAL (M.P.) (MADHYA PRADESH)
4.
MUGDA SHARMAN W/O ATULY
A SHARMAN,
AGED
ABOUT
43
YEARS, OCCUPATION:
ADVOCATE RESIDENT OF SAS NAGAR MOHALI
PUNJAB (PUNJAB)
5.
ATULY
A SHARMAN S/O SHRI SURESH CHANDRA
SHARMA, AGED ABOUT 48 YEARS, OCCUPATION:
ADVOCATE RESIDENT OF SAS NAGAR MOHALI
PUNJAB (PUNJAB)
.....APPLICANT
(BY SHRI ABHISHEK TIWARI-ADVOCATE)
AND
1.
THE STATE OF MADHY
A PRADESH THROUGH
POLICE
STATION MISROD DISTRICT BHOPAL
(MADHYA PRADESH)
2.
SMT. PRIY
ANKA MANGLA W/O VYOM ARORA,
AGED ABOUT
35 YEARS, OCCUPATION: NOT
MENTION 70 PHASE 1 GOLDEN CITY
JAATKHEDI
ROAD
MISROD
BHOPAL
(M.P.)
(MADHY
A
PRADESH)
.....RESPONDENTS
(BY SHRI AMIT PANDEY-PANEL LAWYER & SHRI DEEPAK MISHRA-
ADVOCATE FOR RESPONDENT NO.2)
This application coming on for admission this day, the court passed the
following:
ORDER
The petitioners, who are facing trial for offences punishable under Sections 377, 498A, 506/34 of the IPC and Section 3/4 of the Dowry Prohibition Act arising out of Crime No.195/2023 registered at Police Station-
2. During pendency of trial, the parties have settled their dispute and moved an application under Section 13-B of the Hindu Marriage Act for dissolution of marriage by mutual consent. The other proceedings were also withdrawn by the parties. An application was submitted by respondent no.2, complainant before Police Commissioner Bhopal for dropping the case against the petitioners on 17.7.2023, however, looking to the nature of offence the same was not considered.
3. In the present case, the respodnent no.2/complainant is represented by her lawyer and a joint application (I.A. 8061/2024) is filed by the parties for quashment of FIR and criminal proceedings on the basis of compromise. The application is duly supported by an affidavit of petitioner no.1 (husband) and respodnent no.2(wife).
4. This Court by order dated 8.4.2024 directed the parties to appear before the Registrar Judicial-II on 15.4.2024 for the purpose of verification of factum of compromise. The parties appeared before Registrar Judicial-II and the learned Registrar examined the parties and recorded their statement, obtained their signatures and verified their identity and after verification submitted his report wherein it is mentioned that an application has been filed for quashment of the proceedings on the basis of compromise which was duly supported by affidavits of parties. The learned Registrar further recorded and verified that respondent no.2/complainant voluntarily entered into compromise with her free will and volition and without any threat, inducement and coercion. Learned Registrar Judicial-II after examining complainant upon satisfaction submitted report on 15.4.2024 stating that compromise is genuine.
5. Learned counsel for the petitioner and respondent no.2 submits that parties have settled the dispute and there is no dispute remaining between them. The FIR was lodged due to matrimonial dispute. The nature of offence was not heinous and offence was not having any public importance. He further submitted that after entering into compromise, there are bleak and remote possibility of conviction and no useful purpose would be served by keeping this petition pending for criminal trial.
6. Considering the arguments advanced by learned counsel for the parties and the verification report of Registrar Judicial II, it appears that parties have entered into compromise willingly. The present case arises out of matrimonial dispute and the allegations have been made by wife against husband and his relatives. The parties have decided to part ways and get ahead in their (VINAY SARAF) JUDGE lives without having any acrimony against each other.
7. In the facts and circumstances of the case, this Court in view of the settled principles of law and pronouncement by Apex Court in the matters of Gian Singh Vs State of Punjab and anr. (2012) 10 scc 303 , Narinder Singh Vs. State of Punjab & Anr. (2014) 6 SCC 466 and State of M.P. vs. Laxmi Narayan & Ors. (2019) 5 SCC 688 inclines to exercise its power under Section 482 of the Cr.P.C. for quashment of the FIR and further proceedings including the offence punishable under Section 377 of the IPC, which is also a dispute of
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