Madhya Pradesh High Court
Devendra Shakwar vs The State Of Madhya Pradesh on 22 August, 2017
1 MCRC No.5401/2017
(Devendra Shakwar & Ors. vs. State of M.P. & Anr.)
22.08.2017
Shri Ankit Saxena, Counsel for the applicants.
Shri Vivek Bhargava, Public Prosecutor for the
respondent No.1/State.
Mohd. Baseem Khan, Counsel for the respondent No.2.
This petition under Section 482 of Cr.P.C. has been filed for quashing the further proceedings in Criminal Case No.14366/2013 pending before the ACJM, Gwalior for offence under Sections 498-A, 506, 34 of IPC and under Section 4 of Dowry Prohibition Act, on the ground of compromise.
It is submitted by the counsel for the applicants that the applicants are facing trial for offence under Sections 498-A, 506, 34 of IPC and under Section 4 of Dowry Prohibition Act. As the applicants and the respondent No.2 have resolved their dispute, therefore, they filed an application before the Trial Court for compounding which was partially allowed and offence under Section 506 of IPC was compounded and the applicants have been acquitted for the said offence. Since the offence under Section 498- A of IPC and under Section 4 of Dowry Prohibition Act are not compoundable, therefore, their application was rejected.
This Court by order dated 10.7.2017 had directed the parties to appear before the Principal Registrar of this Court for verification of factum of compromise.
After recording the statements of the witnesses, the Principal Registrar of this Court has given the following 2 MCRC No.5401/2017 report:
"Statements of complainant/ respondent No.2 Smt. Baby Sahkwar and accused/petitioner No.1 Devendra Sahkwar, No.2 Prem Prakash, No.3 Smt. Vimla Sakhwar & No.4 Tunda Ram are recorded matter perused, inquired and heard as to factum of compromise.
After verifying from parties present before me that they have arrived at compromise voluntarily without any fear or force.
According to Sec. 320 of CRPC the offences U/s 506, 34 of IPC is compoundable. But U/s 498(A) of IPC & Section 4 of Dowry Prohibition Act are not compoundable."
In the light of the judgments passed by Supreme Court in the cases of Gian Singh v. State of Punjab reported in (2012) 10 SCC 303 and Narinder Singh & Ors. v. State of Punjab & Anr. reported in (2014) 6 SCC 466 and considering the fact that the parties have decided to resolve their family dispute, this petition is allowed. The further proceedings in Criminal Case No.14366/2013 pending before the ACJM, Gwalior for offence under Sections 498-A, 506, 34 of IPC and under Section 4 of Dowry Prohibition Act is hereby quashed.
(G.S. Ahluwalia)
(alok) Judge