Mohd. Javed and Others vs State of U.P. and Another

B.A. Zaidi, J.—The applicants Mohd. Javed, Sagir Ahmad, Parvez, Azaharuddin and Hazara have come in here u/s 482, Cr. P.C. with a prayer for termination of proceedings against them on the basis of Charge-sheet No. 243 of 2006 under Sections 498A, 323, 324 and 506, I.P.C. read with Section 3/4 Dowry Prohibition Act presently pending in the Court of Additional Chief Judicial Magistrate, Bijnor.

Heard Sri C. P. Singh, advocate for the applicants and Sri R. D. Yadav Additional Government Advocate for the opposite party No. 1 State.

The applicants say that earlier to filing of the charge-sheet in the Court of Additional Chief Judicial Magistrate the parties have already arrived at a compromise and the opposite party No. 2 complainant, Husna Jahan, on whose behest these criminal proceedings have been initiated by the police against them, is living with her husband applicant No. 1 Mohd. Javed happily and there are no dissentions or differences between the husband and the wife.

In the case of B.S. Joshi and Ors. v. State of Haryana and Anr. (IVL) 2003 ACC 799: 2003 (2) ACR 1305 (SC), it was observed in paragraph 11 that it becomes the duty of the Court to encourage genuine settlement of matrimonial disputes. The proceedings have, therefore, to be terminated if a compromise has been arrived at between the husband and the wife. A copy of the compromise has been filed but there is no verification of its veracity. The parties are, therefore directed to appear before the trial Magistrate and to file the compromise before the Magistrate who will verify the same and transmit its findings (original compromise duly verified or not verified) for orders. This procedure has become necessary because the Supreme Court in the aforesaid case has noted that this power of overriding Section 320, Cr. P.C. is to be exercised in view of the inherent power of the High Court u/s 482, Cr. P.C. It seems, therefore, that this authority cannot be exercised by the trial Magistrate and that is why the compromise needs to be sent to this Court for further orders.

The Magistrate will demand only personal bonds from the accused.

The case will be listed immediately after the report of the trial Magistrate.