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Judgment
A.H. Joshi, J.—Rule. Rule is made returnable forthwith and the applications are heard finally by consent.
Heard respective learned Advocates for the parties.
Criminal Application No. 1678 of 2010 is filed by husband and his mother praying for following relief:
(i) Call for the record in the Criminal Case No. 1021/2009 pending before the Court of learned Judicial Magistrate First Class Court ,Saoner and after perusal and on hearing the parties, be pleased to quash the said proceedings in the interest of justice against Petitioner No. 1 and 2.
(Quoted from Page No. 4 of paper-book of Criminal Application No. 1678 of 2010).
Criminal Application No. 91 of 2011 is filed by applicant No. 1, who is father-in-law of Respondent No. 1,and other two applicants claiming following relief:
(ii) Quash and set aside the charge sheet No. 1of 2010 and Criminal Trial No. 03/2010(State v. Khusal and Ors.) pending at the file of Judicial Magistrate First Class, Umrer, and;
(Quoted from Page No. 7 of paper-book of Criminal Application No. 91 of 2011).
During investigations, the parties have compromised. Copy of Consent Terms is on record of Criminal Application No. 1678 of 2010, which is at Annexure-A (page nos. 6 to 11).
In the Consent Terms filed in the Family Court, parties have agreed to compound the offences registered against each other on their respective complaints.
Both the offences, namely in the complaint filed by wife for offence u/s 498-A, Indian Penal Code, and that of filed by husband for offence u/s 324 of Indian Penal Code, are not compoundable, however, considering that the parties have settled entire disputes, including the matrimonial dispute, and are parting company, and have undergone some trauma, it would be appropriate to quash both the proceedings.
Moreover, at this stage, it is not conclusive that it was in totality of commission of offences as complained of while the process is still amidst the adjudication and parties have arrived at compounding, interest of justice would be met if the Criminal Case No. 1021 of 2009 pending before Judicial Magistrate First Class, Sooner, and Criminal Case No. 3 of 2010 (State v. Khusal and others)pending before Judicial Magistrate First Class, Umrer, are quashed, and parties are permitted to part with peacefully and without leaving any fire and dust of litigation.
In the result, both the petitions are allowed.
Accordingly, Rule is made absolute in terms of Prayer Clause (i) of Criminal Application No. 1678 of 2010,and Prayer Clause (ii) of Criminal Application No. 91 of 2011.