Satroghan Singh Parmar and Others vs State of U.P. and Others

U.K. Dhaon and Rakesh Sharma, JJ.—Sri Amit Arora and Smt. Priyanka Arora have filed their affidavits which are taken on record.

It is admitted case of the parties that the marriage of Amit Arora was solemnized with Priyanka Arora on 17.11.2003. Smt. Priyanka Arora on 1.10.2004, lodged an F.I.R. at P.S. Mahila Thana, Hazratganj, district Lucknow against Amit Arora and others which was registered as Case Crime No. 129 of 2004 under Sections 498A/323/504/506, I.P.C. and 3/4 Dowry Prohibition Act. After sometime, an F.I.R. was lodged by Sri Amit Arora at P.S. Mahanagar, district Lucknow on 22.11.2004 which was registered as Crime No. 393 of 2004 under Sections 394/307/323/504/ 506, I.P.C. Sri Amit Arora also filed a suit u/s 9 of Hindu Marriage Act, 1955 in the Court of Principal Judge, Family Court in which Smt. Priyanka Arora moved an application u/s 24 of the Hindu Marriage Act.

Smt. Nutan Arora, mother of Sri Amit Arora lodged an F.I.R. against the Petitioners of Writ Petition No. 15 of 2004 at P.S. Wazirganj, Lucknow on 25.12.2004 which was registered as Case Crime No. 458 of 2004 under Sections 504/506/420/394/467/ 468, I.P.C.

Heard Sri V. K. Shahi, learned Counsel appearing for Smt. Priyanka Arora and others and Sri Arun Sinha, learned Counsel for Amit Arora and others.

The learned Counsel for the parties submit that the parties have settled their disputes amicably outside the Court and the parties have no grievance against each other. The learned Counsel for the parties further submits that the F.I. Rs. which are the subject-matters of the instant petitions may be quashed as the same were lodged by the respective parties in pursuance of the matrimonial disputes. Reliance has been placed upon a decision of the Hon''ble Apex Court in B.S. Joshi and Ors. v. State of Haryana and Anr. 2003 (2) ACR 1305 (SC) : 2003 (2) SCC 524 : 2003 SCC 848.

We have considered the submissions made by the parties.

It is admitted case of the parties that the marriage between Sri Amit Arora and Smt. Priyanka Arora was solemnized on 17.11.2003 and on account of differences between husband and wife the F.I. Rs. were lodged against each other which are under challenge in these petitions.

Hon''ble the Supreme Court of India in B. C. Joshi (supra) has held that if for the purpose of securing the ends of justice, quashing of F.I.R. 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 Court in exercise of its inherent powers can quash criminal proceedings or F.I.R. or complaint and Section 320 of the Code does not limit or affect the powers u/s 482 of the Code.

As the wife is 23 years of age and the husband is 25 years of age, we on several dates advised them to settle their disputes outside the Court amicably so that they may start their life afresh separately. Today, Sri Amit Arora and Smt. Priyanka Arora have filed separate affidavits wherein it has been stated that with the interference of senior members of the family and friends, the matter was amicably settled between the parties and they have decided to live separately and the articles belonging to the parties have been exchanged and there remains no grievance against each other.

In all these cases the arrest of the Petitioners in pursuance of the impugned F.I.R. was stayed by us. The F.I. Rs. which are under challenge in these petitions were lodged by the parties out of the matrimonial disputes between the husband and the wife. Since the parties have settled the matrimonial dispute outside the Court, we are of the view that for promotion of justice and prevention of injustice the F.I.R. can be quashed by this Court in exercise of the power under Article 226 of the Constitution of India.

We, therefore, in the ends of justice allow these writ petitions and quash the three F.I. Rs. registered as Case Crime No. 458 of 04 under Sections 504/506/420/394/467/468, I.P.C. P. S. Wazirganj, district Lucknow, Case Crime No. 393 of 2004, under Sections 394/307/323/ 504/506, I.P.C. P.S. Mahanagar, district Lucknow and Case Crime No. 129 of 2004 under Sections 498A/ 323/504/506, I.P.C. and 3/4 Dowry Prohibition Act, P. S. Mahila Thana, Hazratganj, district Lucknow.

The parties may also approach before the family court for settlement of the their matrimonial disputes on the basis of the settlement.

In the circumstances of the case, the parties shall bear their own costs.