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Madhya Pradesh High Court · body

2012 DIGILAW 1166 (MP)

Pratibha Tiwari v. State of M. P.

2012-11-08

R.S.JHA

body2012
ORDER 1. The petitioner has filed this petition being aggrieved by order dated 15.9.2008 passed by the Judicial Magistrate First Class, Sirmour, District Rewa, rejecting the application filed by the parties under sections 320(1) and 320(2) of the CrPC, for compromise. 2. It is submitted by the learned counsel for the petitioners that the petitioner No. 2 had filed a complaint before the police under sections 498A and 327 of the IPC against the petitioner No. 1 and his family members who have been impleaded as respondents No. 3, 4 and 5. It is submitted that subsequent to the filing of the complaint an investigation was conducted and a charge sheet was filed before the competent Court. During the pendency of the proceedings, the parties have amicably settled the matter between them and had thereafter moved an application before the Court for compromising the matter which has been rejected by the impugned order dated 15.9.2008 on the ground that there is no provision for compounding offences punishable under sections 498A and 327 IPC. 3. This Court, with a view to do complete justice and looking to the peculiar facts and circumstances of the case, had directed all the parties to remain present before this Court. 4. As directed, both the petitioners and respondents No. 3, 4 and 5 appeared before this Court on 30.10.2012 and in one voice stated that the matter has been amicably settled between them and that the petitioners no. 1 and 2 were living happily as husband and wife since 2008. The petitioner No. 2 had stated that in such circumstances she does not wish to press the matter any further. 5. The learned counsel for the petitioners has placed before this Court the decision of the Supreme Court rendered in the case of B.S. Joshi and Others vs. State of Haryana and Another, 2003(I) MPWN 145 = AIR 2003 SC 1386 , wherein it has been held that inspite of the fact that offence punishable under section 498A IPC is not compoundable, this Court in exercise of powers under Article 226 of the Constitution of India, may permit the same to secure/meet the ends of justice and section 320 CrPC would be no bar to the exercise of the aforesaid power. 6. 6. The Supreme Court, in the aforesaid decision, has held that in such facts and circumstances the High Court should exercise its inherent powers and quash the proceedings with a view to give quietus to the matter, ensure settlement between the parties and to secure a happy future for both them. 7. In view of the aforesaid decision of the Supreme Court rendered in the case of B.S. Joshi (supra), the petition filed by the petitioners is allowed. The proceedings pending before the Judicial Magistrate First Class in Criminal Case No. 542/2007 are hereby quashed in view of the decision of the Supreme Court in the case of B.S. Joshi (Supra) and the fact that the matter has amicably been settled between the parties and they are living happily together as husband and wife since 2008. 8. The petition filed by the petitioners stands allowed. In the facts of the case there shall be no orders as to costs.