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2009 DIGILAW 822 (MP)

Ashok v. Asha

2009-07-20

INDRANI DATTA

body2009
JUDGMENT : Indrani Datta, J.: - Petitioners have filed this petition under Section 482 of Cr.P.C. for quashing the entire processdings with respect to Cr. Case No. 14788 of 2009 pending in Court of ACMJ, Gwalior for offence punish­able under Section 498-A of IPC initiated on complaint filed by complainant under Sections 498-A, 452,506 (B), 323,294,341 and 3427 34 of IPC and 3/4 of Dowry Prohibition Act. 2. As per petitioners, the facts stated in brief are that petitioners No. 1 Ashok was married with respodent Smt. Asha on 18th February, 2003 according to Hindu religion. Their marriage did not last longer and a decree of mu­tual divorce under Section 13 (B) of Hindu Marriage Act was granted by the Division Bench of High Court in First Appeal No. 16 of 2006. Meanwhile, Criminal Case No. 14788 of 2009 was also pending in the Court of ACJM, Gwalior against Petitioners. Both the parties thereafter filed compromise appli­cations before learned Trial Court under Sec­tions 320 and 320 (2) of Cr.P.C. and learned Trial Court on 9.2.2009 rejected both the applications on the ground that Section 498-A of IPC is non-compoundable offence. Therefore, this petition to invoke inherent power for quashing the proceedings of Cr. Case No. 14788 of 2009. 3. Perused the certified copies of order sheets and impugned order dated 9.2.2009 passed in Cr. Case No. 1583 of 2005 pend­ing in the Court of JMFC, Gwalior. 4. In case of B.S. Joshi vs. State of Haryana and Another, AIR 2003 SC 259 = 2003 (2) ANJ(SC) 12 Hon. Apex Court has held, that in matrimonial disputes when both the parties approached before the High Court and filed application for quashing the FIR, the High Court can quash the criminal proceed­ings or FIR or complaint and Section 320 of Cr.P.C. does not limit or affect inherent power of High Court granted under Section 482 of Cr.P.C. 5. In Satyendra Dharmpal and Others vs. State of UP, 2008 Cr.L.J. (NOC) 919 in that case of matrimonial dispute application was filed u/s 482 of Cr.P.C. for quashing criminal proceedings against husband under Sections 232, 504, 506, and 498 of IPC and Section 3/4 of Dowry Prohibition Act, the parties ar­rived at compromise, there were no chances of conviction. Considering this, proceedings were quashed. 6. Considering this, proceedings were quashed. 6. According to the contents of the petition filed under Section 482 of Cr.P.C. and other relevant documents on record, it is apparent that the parties have resolved their dispute. Respondent is personally present in the Court. Respondent Smt. Asha does not want to proceed further against her husband petitioner No. 1 Ashok and other petitioners with respect to the Cr. Case No. 14788 of 2009. 7. In the light of above observations and for the foregoing reasons, I allow the petition and quash the criminal proceedings of Cr. Case No. 14788 of 2009 pending in the Court of ACJM, Gwalior. A copy of this order be sent to the Trial Court concerned for information.