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Judgment
This petition has been filed, under section 482 of the Cr.P.C., seeking quashment of FIR registered at Crime No.136/2016 at Police Station Civil Line District Morena (M.P.) for the offences punishable under sections 498-A, 323, 294 and 506/34 of the IPC Section 3 & 4 of the Dowry Prohibition Act.. During pendency of this petition filed under section 482 of Cr.P.C., the petitioner and the complainants have jointly filed application under section 320(2) of the Cr.P.C which was registered as I.A.Nos. 661/2019 and 662/2019 stating that the dispute between the parties has been resolved and they are not inclined to pursue the matter any more.
This Court, vide order dated 28/01/2019, had directed the parties to appear before the Principal Registrar of this Court for recording their statements and for verification of factum of compromise. The Principal Registrar has submitted his report itself and verified the compromise.
In the cases of Jagdish Channa & others Vs. State of Haryana & another (AIR 2008 SC 1968), Madan Mohan Abbot Vs. State of Punjab (AIR 2008 SC 1969), Shiji Vs. Radhika & Another (2011) 10 SCC 705, and Narinder Singh & others Vs. State of Punjab (2014) 6 SCC 466, Supreme Court has laid down 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 utilized in other material cases. After hearing the learned counsel for the parties and taking into account the law laid down by the Apex Court, in the opinion of this court, continuance of the prosecution in such matters will be a futile exercise which will serve no purpose. Under such a situation, section 482 Cr.P.C. can be justifiably invoked to prevent abuse of the process of law and wasteful exercise by the courts below. Moreso, the offence in question is not against the society but merely affects the victim.
Consequent upon the above said facts and that the accused petitioners and the complainant No.1 /respondent No.1 has amicably resolved the issue and the offence being compoundable with the permission of the Court, this Court allows this MCRC with the following directions :-
The FIR registered at Crime No.136/2016 at Police Station Civil Line District Morena (M.P.) for the offences punishable under sections 498-A, 323, 294 and 506/34 of the IPC and Section 3 & 4 of the Dowry Prohibition Act and all consequential proceedings are hereby quashed.
No order as to cost. The petition, accordingly, stands allowed.