Ram Kishan Others v. State Of Delhi Another

1. Heard learned Counsel for the appellants.

2. The present appeal has been filed by the appellants against the impugned order whereby the High Court has refused to quash the prosecution of the appellants in exercise of powers under Section 482 of the Code of Criminal Procedure (hereinafter referred to as the “Code”). Prayer was made before the High Court that as the parties have settled their disputes and a consent divorce decree was passed, the prosecution under sections 406/498-a of the indian penal code read with sections 4 & 6 of the dowry prohibition act, 1961 should be quashed. This point was considered by this Court in the case of B.S. Joshi & Ors. v. State of Haryana & Anr., reported in II (2003) SLT 689=II (2003) CCR 57 (SC)=I (2003) DMC 524 (SC)=2003 (4) SCC 675, in which it was held that as the parties have compromised the Matrimonial Disputes, the criminal prosecution should have been quashed by the High Court in exercise of powers under section 482 of the code. In our view the present case is covered by the aforesaid decision, as such the appellants are also entitled to the same relief.

3. Accordingly, the appeal is allowed, impugned order is set aside and the criminal prosecution of the appellants under the aforesaid sections is hereby quashed.