Rakesh Sharma and Another vs State of M.P.

D.K. Paliwal, J.—This petition has been filed u/s 482 of Cr.P.C. for quashing the F.I.R. in Crime No. 395/2009 registered against the petitioner for the offence punishable under Sections 498-A of IPC along with co-accused persons Deep Sharma, Savitri Devi, Rajesh Kumar, Suman Sharma, Rajendra Tripathi and Sandhya Tripathi at Police Station Madhoganj. The brief facts of the case are that complainant Mona alias Rubi has lodged a complaint at Police Station Madhoganj alleging that her marriage took place with Deep Sharma under the mediationship of the petitioners. However, after the marriage, the complainant came to know that her husband has already undergone an operation of Stylization and he is unable to give birth of the child. It was alleged that the petitioners and co-accused have also demanded dowry and committed cruelty with the complainant. On the basis of the report, Crime No. 395/2009 u/s 498-A of IPC has been registered against the petitioners as well as husband and in-laws of the complainant. Deep Sharma and other co-accused have preferred petition u/s 482 of Cr.P.C. for quashing the F.I.R. which was registered as M.Cr.C. No. 7783/2009. This petition has been allowed vide order dated 11.02.2010 and the F.I.R. in Crime No. 395/2009 against Deep Sharma, Savitri Devi, Rajesh Kumar, Suman Sharma, Rajendra Tripathi and Sandhya Tripathi has been quashed on the basis of compromise between the co-accused and complainant. Thereafter, the petitioners have approached the Court to close the case against them but vide order dated 19.02.2010, the prayer of the petitioners has been rejected holding that in M.Cr.C. No. 7783/2009, no direction has been given with regard to the present petition. Being aggrieved, the petitioners approached this Court.

It is submitted that since the compromise has been taken place between the main accused and the complainant, therefore, no use of further continuance of this proceedings. It is further submitted that petitioners are the mediators, have settled the marriage of complainant and Deep Sharma. They have never demanded any dowry and committed cruelty with the complainant. The F.I.R. has been quashed on the basis of compromise with regard to the co-accused, the continuance of the proceedings against the petitioners is abuse of process of law, hence prayed for quashing of the criminal proceedings.

Learned Public Prosecutor has opposed the prayer.

Taking into consideration that the petitioners are mediators, the F.I.R. with regard to the main accused i.e. husband, mother-in-law, father-in-law, Jeth, Jethani, Nand and Nandoi has been quashed, the prosecution of the present petitioners would amount to abuse of process of law, hence, the petition is allowed. The F.I.R. in respect of Crime No. 395/2009 registered against the petitioners is quashed and on the basis of aforesaid F.I.R., the Proceedings in Criminal Case No. 6565/2010 pending in the Court of Judicial Magistrate First Class, Gwalior is also quashed. Petition is disposed of accordingly.