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Judgment
(PER : NANDESH S. DESHPANDE, J.)
Heard. Admit. Heard finally with the consent of learned Counsel for both the parties.
This is an application seeking quashment of the First Information Report No. 0095/2024, registered with the non-applicant No.1, Police Station Washim, at the behest of the non-applicant No.2 for the offences punishable under Sections 498-A, 323, 504 and 506 read with Section 34 of the Indian Penal Code. The non-applicant No.2, who is the wife of the applicant No.1, filed the said First Information Report alleging mental cruelty on the part of the applicants on various dates, as mentioned in the said First Information Report. During the pendancy of the said application, parties to the matter have compromised, in pursuance to which the non-applicant No.2, i.e., the original first informant, has filed an affidavit. The relevant portion of the affidavit states as under :
“2.That, applicant no.1 and non applicant no.2 amicably resolved the matrimonial dispute and filed mutual consent divorce petition under section 13 B of Hindu Marriage Act, before Civil Judge Senior Division Washim vide petition no. 341/2025.
3.That, the non applicant no.2 having no objection for quashing of Crime No. 95/2024 and the proceeding instituted RCC no. 351/2024 pending before Chief Judicial Magistrate Washim. That, non applicant no.2 having no grievance/allegations against applicants since the matter has been amicably settlement between the parties.”
Parties to the matter are present before the Court. We have verified the contents of the mutual settlement from them.
In that view of the matter, even though the offences complained of are non-compoundable, we find a beneficial reference in this regard to the judgment of the Hon’ble Supreme Court in the case of Gian Singh Vs. State of Punjab, (2012) 10 SCC 303, wherein, the Hon’ble Apex Court has observed that “where the High Court quashes a criminal proceeding having regard to the fact that dispute between the offender and the victim has been settled, although the offences are not compoundable, it does so as in its opinion, continuation of criminal proceedings will be an exercise in futility and justice in the case demands that the dispute between the parties is put to an end and peace is restored, securing the ends of justice being the ultimate guiding factor.”
In that view of the matter, we pass the following order.
ORDER
The application is allowed.
ii) The First Information Report No. 0095/2024, as also, RCC No. 351/2024 pending on the file of the Chief Judicial Magistrate, Washim, is hereby quashed and set aside.
iii) However, the quashment would be subject to the payment of costs of Rs.20,000/- by the applicants and 10,000/- by the non-applicant No.2 with the High Court Bar Association, Nagpur, within two weeks from today.
iv) The quashment of the First Information Report would come into effect only after the payment of costs as aforesaid is deposited, and only subject to the payment of costs.
The application is disposed of accordingly.