Case: Murari Lal Gupta &amp; Another Vs. State of U.P. &amp; Others

It is in our view unnecessary to recapitulate the entire factual backdrop in which the controversy arises. All that need be mentioned is that appellantsGupta married theNo. 2 on 29.06.2005 at Jhansi. The relationship between the parties appears to have remained embittered from the very beginning on account of the alleged harassment of the respondent by the appellants and their son for dowry resulting in multiple legal proceedings between the parties against each other in different courts and jurisdictions. While Mr. Mayank Kumar Gupta, the husband who is settled in the USA appears to have filed a divorce petition in a Court in the US, Ms. Neha Gupta, the wife filed a similar petition seeking divorce on the ground of cruelty before the Family Court at Jhansi. It is a common ground that in both cases so fileddecrees for dissolution of marriage between the parties have been passed. Be that as it may, the fact remains that the parties have for good parted company and neither of them has any regret about the same.What is important is that the bitterness in the relationship between the parties was not limited only to civil litigation between them. Even the criminal law was set in motion with the filing of an FIR registered as Crime Case No. 2689 of 2007 at Navabad police station District Jhansi, U.P. for offences punishable under Sections 498A, 324, 504, 505 IPC and Section 3/4 of the Dowry Prohibition Act. In her complaint filed before the said police station,accused not only the husband Mayank Gupta but also his parents, the appellants before us of harassing her for dowry and for other acts of cruelty. The police case eventually culminated in the filing of aagainst the appellants before the Chief Judicial Magistrate, Jhansi who has taken cognizance and summoned the appellants as also Mayank Gupta, their son as accused persons.Criminal Misc. Application No. 20607 of 2012 was in the above backdrop filed before the High Court of Judicature at Allahabad under Section 482, Cr.P.C. for quashing the criminal proceedings launched against the appellants. A discharge application filed by the appellants before the Court at Jhansi was also rejected by the said court by an order dated 07.05.2012 which too came under challenge before the High Court. The High Court has upon consideration declined to interfere with theproceedings hence the present appeal.When the matter came up before us on 25.04.2014, learned counsel for the parties were not averse to exploring the possibility of an amicable settlement with the help of the Mediation Centre in the Supremehad accordingly directed the parties to the Mediation Centre in the Supreme Court to explore the possibility of a settlement. The Mediation Centre submitted a report according to which efforts to bring about a settlement had failed That is how the matter came up before us on 01.09.2014 and 16.09.2014 when the parties once again started talking of a possible agreed solution in the nature of a full and final settlement that would satisfy the claim made by the wife towards the return of her streedhan and other articles and put an end to the criminal proceedings and resultant acrimony between the parties.

Reasoning: There is no dispute that offence punishable under Section 498A of IPC and that under the Dowry Prohibition Act are not compoundable. The remaining offences under Sections 323, 504 and 505 are, however, compoundable. Courts do not recognise settlements between the accused and the complainant party for quashing proceedings in cases which are not compoundable under Section 320, Cr.P.C. There is however an exception to that rule. That exception comprises case where the parties are settling a matrimonial dispute. To give quietus to the controversy between them on all counts, this Court has permitted quashing of criminal proceedings also, no matter the offences may not be compoundable. The present is, in our opinion, a fit case in which that power could be exercised especially when all outstanding issues between the parties are getting resolved. The fact that the parties have not only decided to actually part company on the basis of the decrees of divorce obtained by them clearly shows that there are no chances of any rehabilitation of relationship between them. So also the fact that the Family Court has already adjudicated upon claim which thehas made against her former husband and her parents in law and determined a definite sum towards compensation payable to the wife on that account is also suggestive of settlement of the civil part of the dispute. There is a claim towards arrears of maintenance which too has been assessed at Rs.All told the claim for money has been assessed and the amount agreed fixed at Rs. 22,00,000/out of which a sum of Rs. 5,00,000/has already been deposited in this Court. The settlement filed before this Court and undertaking assures the payment of the balance amount also.