Madhya Pradesh High Court
Kalyan Singh vs The State Of Madhya Pradesh on 14 December, 2012
1
M.Cr.C.No.13595/12
14.12.2012.
Applicants Kalyan Singh, Prahlad Singh and
Smt. Krishna Bai are present in person along with
their counsel Shri Narendra Nikhare.
Shri Ramesh Kushwaha, PL for State/non-
applicant no.1.
Smt. Bhagwati Bai alias Guddi /respondent
no.2 is also present in person along with her counsel Shri Dinesh Tiwari.
Parties have been identified by their respective counsel.
This petition has been filed under Section 482 Cr.P.C. in order to invoke the extra ordinary powers of this Court for quashing the Criminal Case No.190/10 pending before ACJM, Bareli for alleged offence punishable under Sections 498-A IPC and 3/4of Dowry Prohibition Act as compromise has been entered into between the parties. It is submitted that Crime No.263/05 was registered by PS-Bareli for offence punishable under Sections 2 498-A,34,506 ,323 of IPC and Section 3/4 of Dowry Prohibition Act. It is submitted that compromise has been partially allowed in the aforesaid criminal case in relation to offence punishable under Sections 506,323 and 34 of IPC, but as offence punishable under Section 498-A of IPC and Section 3/4 of Dowry Prohibition Act is not compoundable, hence compromise has been refused by the Court below. IA No.26274/12 has also been filed for compromise.
I have also enquired from the parties about the compromise. The parties state that they are ready to compromise the matter and respondent no.2 has been compensated.
Learned counsel for applicants placed reliance on a decision of Apex Court in B.S.Joshi and others vs. State of Haryana and another AIR 2003 SC 1386 wherein it has been held by the Apex Court that where the disputes have been settled by husband and wife, the proceedings under Section 498-A IPC, though non-compoundable, may 3 be quashed by applying inherent powers under Section 482 Cr.P.C. by the High Court.
The parties are present and they have revealed that they have settled all their disputes and non- applicant no.2 Bhagwati Bai @ Guddi specifically says that she does not want to continue with her report on which criminal case is pending. So by applying the powers under Section 482 of Cr.P.C, the proceedings in Criminal Case No. 190/10 pending before ACJM, Bareli under Section 498-A IPC and 3/4 of Dowry Prohibition Act are quashed. The applicants are acquitted of the charges.
The M.Cr.C.stands disposed of.
C.c.as per rules.
(M.A.Siddiqui) Judge.
Jk.