Uma, Kedar Singh, Rambeti and Gar Singh vs State of M.P.

G.D. Saxena, Judge

Heard on R-I.A.No.2283/12 and R.I.A.No.2284/12, which are the applications preferred by the complainant as well as the petitioners-accused, under Sections 320 and 320(2) of Cr.P.C., seeking permission to compromise the matter between the parties and allow to compound the offence with the complainant. This court vide order dated 20/03/12 referred the matter to the Principal Registrar of this bench directing both the parties to appear before him. The matter was also directed to be fixed for hearing on 26/03/2012 after opinion is recorded with respect to verification of the compromise between the parties. As per the opinion dated 20/03/2012, it was informed that both the parties have settled their disputes voluntarily and amicably and now the complainant does not wish to continue with the proceedings of the criminal case against the petitioners-accused. The offence u/s 498A of I.P.C. is non-compoundable one.

An attention has been drawn to the decisions of the Apex Court in the cases of Jagdish Chanana and Others Vs. State of Haryana and Another, and Madan Mohan Abbot Vs. State of Punjab, wherein it is held that even in non-compoundable cases on the basis of compromise, criminal proceedings can be quashed so that valuable time of the Court can be saved and utilised in other material cases.

Keeping in view the aforesaid principles of law laid down by the Apex Court in the above-cited cases and since the parties have settled their dispute, no useful purpose would be served in continuing with such criminal proceedings. Hence, the present petition preferred u/s 482 Cr.P.C. stands allowed. The petitioners are acquitted of the offence u/s 498A of IPC on the ground of compromise arrived at between the parties. The proceedings initiated against them before the JMFC Gwalior in Criminal Case No.16097/09 stand hereby quashed. A copy of this order may be forwarded to the concerned trial court for information and necessary action.