Chandramohan Singh vs Sonali Brahme

Heard.

The petitioner has filed this CRMP for quashing F.I.R. bearing Crime No.80/2018 dated 13.08.2018 for the offences punishable under Section 498 IPC, registered at Police Station Kotwali, District Dantewada (C.G.) and all the subsequent proceedings arising therefrom, on the basis of compromise effected between the parties.

In compliance to the Court's order dated 10.12.2021, statements of the parties got recorded on 21.12.2021 before the Registrar (Judl.) with regard to genuineness of the compromise.

Learned counsel for the petitioner submits that the parties have amicable resolved the matrimonial dispute and have also recorded their respective statements in view of Hon'ble Court's order dated 10.12.2021. He also submits that the High Court can quash offence under Section 498-A while exercising its power under Section 482 Cr.P.C. 5. Learned State counsel submits the parties have indeed settled their matrimonial dispute, the State would have no objection to the quashing of the FIR.

The parties (petitioner and complainant/respondent No.1) have recorded their statements on 21.12.2021 reporting compromise between themselves.

The execution of the compromise by way of recording statement is admitted by the parties. In view of the compromise entered into between the parties, the respondents have no objection to quash the entire proceedings in connection with F.I.R. bearing Crime No.80/2018 registered at police station Kotwali, District Dantewada (C.G.)

In this regard, it is worth to mention here a decision rendered in Gian Singh V. State of Punjab and Another reported in [(2012) 10 SCC 303], wherein the Apex Court has held thus:-

“Power of High Court in quashing a criminal proceeding or FIR or complaint in exercise of its inherent jurisdiction is distinct and different from power of a criminal court of compounding offences under Section 320 — Cases where power to quash criminal proceedings may be exercised where the parties have settled their dispute, held, depends on facts and circumstances of each case — Before exercise of inherent quashment power under S.482, High Court must have due regard to nature and gravity of the crime and its societal impact.”

The FIR is only for the offence under Section 498-A IPC and on the basis of compromise effected between the parties, the matrimonial dispute has amicably been resolved. Since the parties have amicably settled their matrimonial dispute, the chances of ultimate conviction are bleak.

Under the above said circumstances, when the parties have resolved their dispute between themselves, in my opinion, the dispute between the parties can be set at rest by accepting the compromise filed by them. Therefore, the petition requires to be allowed.

Accordingly, the petition is allowed. FIR bearing Crime No.80/2018 registered under Section 498-A IPC at Police Station Kotwali, District Dantewada (C.G.) and consequent proceedings emanating therefrom are hereby quashed and the petitioner is acquitted of the charge levelled against him.

The petition and pending applications, if any, are accordingly disposed of at the admission stage.