Petitioners who are accused in Criminal Case No. 6471/2010 pending in the Court of Judicial Magistrate First Class, Gwalior, have filed this petition under Section 482 of Cr.P.C for quashing of the Criminal Proceedings against them on the ground that complainant/non-petitioner no. 1 Smt. Shayna has moved for compromise in the trial Court. Since offence under Section 506 Part II of I.P.C is compoundable, they have been acquitted but since offence under Section 498-A of IPC is non non-compoundable, their prayer for compromise of that charge has been rejected.
According to the prosecution, complainant Smt. Shayma lodged F.I.R on 19.04.2010 against the petitioners/accused persons alleging charge of cruelty in connection with the demand of dowry by them. After investigation, charge-sheet was filed. The trial is pending in the Court of Judicial Magistrate First Class, Gwalior, as Criminal Case No. 6471/2010.
Learned counsel for the non-petitioner no. 1 Shayna submits that during the pendency of the trial, complainant has voluntarily compounded the offence with the petitioners/accused outside the Court. Today, complainant Shayna is present before the Court and has been identified by her counsel. All the petitioners are also present. They have filed the copy of the application filed by them under Section 320 of Cr.P.C in the trial Court.
Learned counsel for the petitioners submits that the dispute between the two parties has been resolved amicably and now no dispute remains pending. The question of maintenance has also been settled in the Family Court. The husband of the non-petitioner no. 1 has paid a lump sum amount of maintenance to her and they have separated. Since, both the parties wish that they may lead happy and peaceful life in future, complainant/non-petitioner no. 1 does not want to continue impugned criminal proceedings against the petitioners/accused persons. All the parties present before this Court have admitted that they have voluntarily compounded the offence.
Learned counsel for the petitioners placing reliance on the decision passed by the Apex Court in the case of B.S Joshi v. State of Haryana, (2003) 4 SCC 675 submits the criminal proceedings pending against the accused persons be quashed in the interest of justice. In the case of B.S Joshi (supra), the Apex Court observed as under:-
“The object of introducing Chapter XX-A in IPC was to prevent torture to a woman by her husband or by relatives of her husband, Section 498-A was added with a view to punishing a husband and his relatives who harass or torture the wife to coerce her or her relatives to satisfy unlawful demands of dowry. A hypertechnical view would be counterproductive and would act against interests of women and against the object for which this provision was added. There is every likelihood that non-exercise of inherent power to quash the proceedings to meet the ends of justice would prevent women from settling earlier. That is not the object of Chapter XX-A of IPC”.
Since, the complainant as well as accused persons have admitted the fact of compromise, in view of the proposition laid down by the Apex Court, I deem it fit exercise the power under Section 482 of Cr.P.C and quash the criminal proceedings of Criminal Case No. 6471/10 pending against the petitioners in the Court of Judicial Magistrate First Class, Gwalior.
Accordingly, the petition is allowed and the Criminal Proceedings of Criminal Case No. 6471/10 are quashed.
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