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Madhya Pradesh High Court · body

2013 DIGILAW 421 (MP)

Syed Ashfaq Ahmad v. Anjum sultan

2013-03-26

U.C.MAHESHWARI

body2013
Judgment: In view of the aforesaid verification, the alleged compromise appears to be bonafide, genuine so also without any undue influence and coercion from any source. In such a situation, the Court has to pass the appropriate order in the light of the decision of the apex Court in the matter of B. S. Joshi (supra) so the applicant no.1 and respondent no.1 may move their future life according to their choice and way. In view of the aforesaid case of the apex Court, this Court has a authority under Section 482 of Cr.P.C. to pass the order for quashment of the FIR and proceedings in the welfare of the parties even if the aforesaid offence is not made compoundable under Section 320 of Cr.P.C. In view of the aforesaid compromise so also taking into consideration that the offence of Section 406 of I.P.C. has already been subsided by the trial Court, in the available scenario to resolve all the disputes between the parties and facilitate to applicant no.1 and respondent no.1 to move their future life according to their way, wish and choice, I deem fit to quash the impugned FIR Crime No.3/11 registered at Police Station Mahila Thana Bhopal, along with it’s investigation, charge-sheet and the pending trial in the abovementioned Court and the same is ordered. Accordingly, this petition is allowed and the impugned charge-sheet till the extent of prosecution of the applicants for the offence of Section 498-A read with Section 34 of I.P.C. and of Section 3 and 4 of Dowry Prohibition Act, are hereby quashed. The petition is allowed as indicated above. Copy of this order be sent to the trial Court. C. C. as per rules.