Rama Devi and Others vs State of U.P. and Another

Shri Kant Tripathi, J.—The applicant Smt. Rama Devi and five others have filed the instant petition under section 482 CrPC for quashing the proceedings of the Complaint Case No. 1357 of 2007, Aarti Devi vs. Ram Mohad & others, under sections 498A, 506 IPC and section 3/4 of the Dowry Prohibition Act, police station Bharthana district Etawah, pending in the court of Judicial Magistrate II, Etawah.

The applicant no. 6 Ramohad Singh and his wife, the opposite party no. 2 Smt. Aarti Devi, have filed a joint affidavit to the effect that they have settled their differences and disputes and have agreed to live together. On the basis of the compromise, the case instituted under section 125 CrPC by the opposite party no. 2 has already been decided.

The Apex Court has dealt with the consequence of a compromise in regard to noncompoundable offences in the case of B.S. Joshi and others vs. State of Haryana and another (2003) 4 SCC 675 and has held as follows:

If for the purpose of securing the ends of justice, quashing of FIR becomes necessary, section 320 would not be a bar to the exercise of power of quashing. It is, however, a different matter depending upon the facts and circumstances of each case whether to exercise or not such a power. Thus, the High Curt on exercise of its inherent power can quash criminal proceedings or FIR or complaint and section 320 of the Code does not limit or affect the powers under section 482 of the Code.?

The principles of law propounded in B. S. Joshi''s case (supra) has been applied with approval in the case of Nikhil Merchant v. CBI and another (2008) 9 SCC 650.

In CBI Vs. Duncans Agro Industries Ltd.(1996) 5 SCC 591 the Apex Court upheld the order of the High Court quashing the criminal complaint after the civil action had been compromised between the parties. No doubt, Duncans Agro case (supra) was in regard to the offence under section 420 IPC, which was compoundable but the principles of quashment of the criminal proceeding on the basis of compromise was evolved.

In view of the fact that the husband and the wife have settled their disputes and already living together amicably, it is unnecessary to proceed with the criminal case pending before the concerned Magistrate. The application under section 482 CrPC is accordingly allowed and the proceedings of the aforesaid complaint case are quashed.

Order Date : 1.2.2010