Smt. Pinki Soni @ Geeta vs State of C.G. and Others

Dhirendra Mishra, J.—Heard.

The applicant is wife of the non-applicant No. 2 and daughter-in-law Respondent No. 3. On her complaint, offence under Sections 498A, 506 read with Section 34 of I.P.C. was registered against the Non-applicants No. 2 and 3 in Police Station, Charama and subsequently charge sheet was filed in the Court of Chief Judicial Magistrate, Kanker. Subsequently, an application for compromise was Filed by the applicant before the trial Court mentioning therein that there is no dispute between them and now the relations are cordial. It was also mentioned that there is a son from the wedlock of the applicant and non-applicant No. 1 and in the aforesaid circumstance, she does not intend to prosecute the case any further and the accused persons be acquitted. The above application was rejected by order dated 4-9-2006 on the ground that offence u/s 498A of I.P.C. is not compoundable u/s 320 of the Code of Criminal Procedure.

Learned Counsel for the applicant relying upon the judgment of Hon''ble Supreme Court in the matter of B.S. Joshi and Others Vs. State of Haryana and Another, , submits that though the offence u/s 498A of the I.P.C. is non-compoundable, the criminal proceedings initiated u/s 498A of I.P.C. can be quashed while exercising jurisdiction u/s 482 of the Code of Criminal Procedure.

The applicant is present in person as also the accused persons-non-applicants No. 2 and 3. The applicant submitted that now she is residing with non-applicant No. 2 along with her son and the relationship between the applicant and the non-applicants is cordial and they are leading a happy married life. She further stated that except the criminal proceedings pending before the Judicial Magistrate First Class, Kanker there is no other proceeding pending before any other Court. She also submitted that she has moved an application for compounding the offence of her own freewill without any undue influence, coercion or inducement.

The non-applicants No. 2 and 3 have also made a joint request with the applicant and prayed for quashing of the criminal proceedings pending in the Court of Judicial Magistrate First Class, Kanker.

Relying upon the judgment of the Hon''ble Supreme Court in B.S. Joshi (Supra), this Court is of the considered opinion that since the complainant and accused persons have settled the dispute amicably and they are desirous of leading a peaceful matrimonial life and for this purpose, the parties to the criminal proceedings have reached to a mutual agreement to bring to an end the difference and dispute and re-settle in their life, it would be in the interest of justice to allow this application and quash the criminal proceedings pending in the Court of Judicial Magistrate First Class, Kanker registered as Criminal Case No. 71/2004.

Accordingly, the application is allowed and the criminal proceedings pending in the Court of Judicial Magistrate First Class, Kanker registered as Criminal Case No. 71/2004 are quashed.