MCRC-8914-2017 (URMILA Vs THE STATE OF MADHYA PRADESH) 22-09-2017 Shri [ENTITY], learned counsel for the petitioners. Shri [ENTITY], learned G.A. for the respondent
no.1/State.
Shri [ENTITY], learned counsel for the respondent no.2/[ENTITY].
1. Both the parties have come before this Court on the ground that they have settled their dispute amicably and prays for quashment of FIR bearing Crime No.237/16 of Police Station- Kotwali, District Dhar alongwith the proceedings of [CASE NUMBER] arising out of the said FIR and pending before the JMFC, Dhar under [SECTION] and [SECTION] of [ACT] and [SECTION] /4 of [ACT].
2. On 11.09.2017, both the parties entered into the compromise. Due to this settlement, the complainant does not wants to prosecute FIR bearing Crime No.237/16 of Police Station- Kotwali, District Dhar and the proceedings as stated above.
3. During pendency of the petition as well as the criminal case, both the parties have arrived at compromise and filed the same before this Court also.
4. Complete record of the case has been sent to the Principal Registrar of this Court for verification of the compromise and the parties were directed to appear before him. On verification, the Principal Registrar has certified that both the parties have entered into a compromise without any fear or favour or without under coercion or threatening from either side. The complainant has admitted before the Principal Registrar that they have amicably settled their dispute with the petitioner and admitted that she has voluntarily entered into compromise.
5. It is submitted that the matter pertains to offence registered against the petitioner under [SECTION] and [SECTION] of [ACT] and [SECTION] /4 of [ACT]. Now both the parties have amicably settled the matter and the respondent no.2/complainant has no more grievance against the petitioner.
6. In the matter of [PRECEDENT] whereby the Apex Court has held that [SECTION] of [ACT] does not limit or affect inherent powers of High Court granted under [SECTION] of [ACT] and in cases of matrimonial disputes if the application is filed under [SECTION] of the [ACT]for quashing criminal proceedings or FIR or complaint, the same can be quashed. Honble the Apex Court has reiterated the view in [PRECEDENT] and [PRECEDENT].
7. Considering the report of the Principal Registrar so also the fact that the dispute between the parties is related to the marriage and is personal in nature.
8. Looking to the nature of the dispute and the fact that the dispute has been amicably settled between the parties and the respondent no.2/complainant do not have any grievance with the petitioners, I find that the application needs to be allowed and it is hereby allowed. FIR bearing Crime No.237/16 of Police Station- Kotwali, District Dhar alongwith the proceedings of [CASE NUMBER] pending before the JMFC, Dhar under [SECTION] and [SECTION] of [ACT] and [SECTION] /4 of [ACT] are hereby quashed.
9. With the aforesaid observations, the present petition is allowed to the extent herein above indicated.
10. Bail bond, if any, submitted by the petitioners shall stands discharged.
11. A copy of this order be sent to the concerned Trial Court for compliance.
Certified copy, as per rules.
([ENTITY]) JUDGE