1 [CASE NUMBER] HIGH COURT OF MADHYA PRADESH AT JABALPUR SINGLE BENCH: HON'BLE SHRI JUSTICE SUBHASH KAKADE [CASE NUMBER] APPLICANT : [ENTITY], S/o Shri [ENTITY], Aged about 34 years, R/o Village-Khapataha, Police Station- Devendra Nagar, District-Panna (MP) Versus RESPONDENTS: 1. The [ENTITY] Through PS-Kotwali, District- Panna (MP) 2. Smt. [ENTITY], Wife of [ENTITY] Aged about 32 years, R/o Village-Khapataha, Police Station-Devendra Nagar, Panna, District-Panna (MP)
Shri [ENTITY], Sr.Advocate with Shri [ENTITY], Advocate for applicant.
Shri [ENTITY],PL for the respondent/State. None for respondent no.2/complainant. Applicant/accused and complainant/non-applicant no.2 are also present in person.
(O R D E R) (29.07.2015) This petition under [SECTION] [ACT] has been filed by the applicant for quashment of FIR registered vide [CASE NUMBER] under [SECTION] of the [ACT] and under [SECTION] [ACT] at PS-Kotwali, District-Panna.
02. The non-applicant no.2 Smt. [ENTITY] was married with applicant [ENTITY] in the year 2009. On complaint lodged by the non-applicant no.2, a case was registered under the aforesaid crime no. against her husband [ENTITY].
03. Certain unfortunate incidents relating to matrimonial matter have dragged the parties to this Court. Now, the parties have settled all their disputes and want to compromise the matter. [CASE NUMBER] and [CASE NUMBER] applications under [SECTION] and [SECTION] of the [ACT]have also been filed along with affidavits by the parties.
04. As per order of this Court willingness and consent of the parties have been recorded before Registrar (J-I) today i.e.on dated 06.07.15. Non-applicant no.2 Smt. [ENTITY] (complainant before the trial Court) and applicant [ENTITY] (accused) were present in person . They were identified by their respective counsel. Both parties submit that they are ready and willing to resolve their disputes voluntarily and by free consent. They have expressed in clear unequivocal terms that disputes have also been resolved. In the light of the aforesaid factual position it is apparent that the applicant and the accused have entered into compromise voluntarily without any fear, undue influence or pressure.
05. The question which now remains to be answered is whether since offence punishable under [SECTION] of [ACT] and [SECTION] of [ACT] are not compoundable, the criminal proceedings or FIR could be quashed.
06. It is apparent from perusal of the related documents that the applicant and non-applicant no.2 are respectable citizens. It is pertinent to mention here that dispute between the parties is of private nature and having no adverse effect to others.
07. The Apex Court in the case of [PRECEDENT] considered the relevant provisions of the Code and concluded as under:-
"The position that emerges from the above discussion can be summarized thus:
the power of the High Court in quashing a criminal proceeding or FIR or
complaint in exercise of its inherent jurisdiction is distinct and different from the power given to a criminal court for compounding the offences under [SECTION] of the Code. Inherent power is of wide plenitude with no statutory limitation but it has to be exercised in accord with the guideline engrafted in such power viz; (i) to secure the ends of justice or (ii) to prevent abuse of the process of any Court. High Court may quash criminal proceedings if in its view, because of the compromise between the offender and victim, the possibility of conviction is remote and bleak and continuation of criminal case would put accused to great oppression and prejudice and extreme injustice would be caused to him by not quashing the criminal case despite full and complete settlement and compromise with the victim. In other words, the High Court must consider whether it would be unfair or contrary to the interest of justice to continue with the criminal proceeding or continuation of the criminal proceeding would tantamount to abuse of process of law despite settlement and compromise between the victim and wrongdoer and whether to secure the ends of justice, it is appropriate that criminal case is put to an end and if the answer to the above question(s) is in affirmative, the High Court shall be well within its jurisdiction to quash the criminal proceeding".
08. Reference in this regard may be made to the decisions of the Apex Court in [PRECEDENT], [PRECEDENT] and recently ruled by the Apex court in the case of [PRECEDENT].
09. Since the parties had buried the hatchet by amicably settling their disputes, this Court could allow the matter to be compounded. In the totality of the circumstances, I am of the view that the settlement arrived at between the parties in form of compromise application is a sensible step that will benefit the parties, give quietus to the controversy and rehabilitate and normalize the relationship between them. In light of compromise between the parties for offences related to matrimonial disputes chances of recording of conviction against the applicant are totally bleak and the entire exercise of trial is destined to be exercise of futility. The continuation of criminal proceedings would tantamount to abuse of process of law.
10. In the above facts and circumstances of the case the answer of question is given in affirmative and resultantly the FIR registered vide [CASE NUMBER] for offence punishable under [SECTION] and [SECTION] of [ACT] and [SECTION] of [ACT] and all consequential proceedings arising from it are hereby quashed. Accused/applicant [ENTITY] is acquitted of the aforesaid offences.
11. The petition is allowed and disposed of accordingly.
12. Let a copy of this order be sent to the Court below for intimation and necessary compliance.
([ENTITY]) Judge Jk/-