Brij Kishore @ Ram Sing Jatav, Ramprasad @ Ram Kumar, Sanjeeta, Suneel Jatav, Manmohan Saxena, Ramprasad @ Ram Kumar vs Babita, State of MP

G.D. Saxena, Judge

This petition u/s 482 Cr.P.C. has been preferred against the order dated 03.01.2012 passed by the Judicial Magistrate First Class, Gwalior, in Criminal Case No. 10141/10 [State Police Station Padav Vs. Brijkishore and others] whereby the application for compromise preferred before the trial court u/s 498A of IPC has been rejected. This court vide order dated 19/03/12 referred the matter to the Principal Registrar of this bench directing both the parties to appear before him. The matter was also directed to be fixed for hearing on 09/04/2012 after opinion is recorded with respect to verification of the compromise between the parties. As per the opinion dated 02/04/12, it was informed that both the parties have settled their disputes voluntarily and amicably and now the complainant does not wish to continue with the proceedings of the criminal case against the petitioners-accused. The offence u/s 498A of I.P.C. is non-compoundable one.

An attention has been drawn to the decisions of the Apex Court in the cases of Jagdish Chanana and Others Vs. State of Haryana and Another, and Madan Mohan Abbot Vs. State of Punjab, , wherein it is held that even in non-compoundable cases on the basis of compromise, criminal proceedings can be quashed so that valuable time of the court can be saved and utilised in other material cases.

Keeping in view the aforesaid principles of law laid down by the Apex Court in the above-cited cases and since the parties have settled their dispute, no useful purpose would be served in continuing with such criminal proceedings. Hence, the present petition preferred u/s 482 Cr.P.C. stands allowed. Resultantly, the petitioners/accused are acquitted of the charge levelled against them u/s 498A of IPC. Accordingly the criminal proceedings pending before the JMFC Gwalior in Criminal Case No. 10141/2010 stand hereby quashed. A copy of this order may be forwarded to the concerned trial court for information and necessary action.