Criminal proceedings in a matrimonial dispute quashed on the basis of a compromise between the parties: Allahabad High Court
Criminal Proceedings related to non-compoundable offences quashed on the basis of compromise between the parties involved in a matrimonial dispute. The High Court in this case was dealing with the application filed under Section 482 of the CrPC to quash the criminal proceedings that were verified by the lower court. The Allahabad High Court presided over by J. R.N. Tilhari quashed the proceedings in the case of Smt. Pooja Mishra Vs. State of U.P. &amp; Anr., [Application u/s 482 No. – 19739 of 2017].  The brief facts of this case are that the Applicant was married to the son of the complainant who filed an application under Section 156(3) of CrPC and later was directed to file an FIR. The Applicant later filed an FIR under Section 498-A of IPC (cruelty to women), 323 (punishment for voluntarily causing hurt), 307 (attempt to murder), 504 (intentional insult with intent to provoke breach of the peace) and 506 (punishment for criminal intimidation) of the Indian Penal Code (IPC) and Section 3 and 4 of the Dowry Prohibition Act against the husband and her family. Later on the husband and the applicant settled the disputes amicably between them and decided to end their marriage through filing a divorce by mutual consent under Section 13-B of the Hindu Marriage Act. hence, the Applicant filed an application under section 482 for quashing the criminal proceedings filed against her husband. The Court relied on few landmark judgments like the (i) B.S. Joshi &amp; Ors vs State Of Haryana &amp; Anr (2003) 4 SCC 675; (ii) Gian Singh vs State Of Punjab &amp; Anr (2012) 10 SCC 303; (iii) Narinder Singh &amp; others versus State of Panjab &amp; another (2014) 6 SCC 46; (iv) Parbatbhai Aahir @ Parbatbhai vs The State Of Gujarat &amp; Ors 2017 (9) SCC 641; and (v) Social Action Forum for Manav Adhikar &amp; others versus Union of India, 2018 (10) SCC 443 and stated that non-compoundable offences can be quashed if the parties amicably settle or make a compromise between them. The cases can be quashed keeping in mind the facts and circumstances of every case.
Reserved on 14.10.2020 Delivered on 12.01.2021 Court No. 3 Case : APPLICATION U S 482 No. 197317 Applicant : Smt. Pooja Mishra Opposite Party : State of U.P. and Another Counsel for Applicant : Prashant Kumar Singh Counsel for Opposite Party : G.A Hon ble Ravi Nath Tilhari J. 1. Heard Sri Prashant Kumar Singh assisted by Sri Ajai Pratap Singh learned counsel for the applicant Sri L. M. Singh learned counsel for the opposite party no.2 and learned AGA appearing for the State and perused the material brought on 2. This application under Section 482 of Criminal Procedure Cr.P.C.) has been filed with prayer to quash the Charge Sheet No.1416 dated 02.09.2016 as well as entire proceeding of the Case No.516216(State Vs. Smt. Pooja Mishra) arising out of Case Crime No.1616 under Section 309 IPC Police Station Panki District Kanpur Nagar pending in the court of Additional Chief Judicial Magistrate IInd Kanpur Nagar. 3. Briefly stated facts of the case are that the applicant was married to Deepak Mishra son of opposite party no.2 complainant on 11.06.2015 as per the Hindu Rites and Rituals The opposite party no.2 filed an application under Section 156(3) Cr.P.C. which was allowed on 12.04.2016 directing the police to register FIR against the applicant and in pursuance thereof the FIR in Case Crime No.1616 under Section 309 IPC Police Station Panki District Kanpur Nagar was registered on 21.04.2016. After investigation the investigating officer submitted a charge sheet No.144 of 2016 dated 02.09.2016 for the quashing of which alongwith the proceedings of Case No.516216as aforesaid the present petition under Section 482 Cr.P.C. was filed. 4. Besides the above proceedings at the instance of the present applicant an FIR in Case Crime No.1316 under Sections 498 A 323 307 504 506 IPC and Section 3 4 D.P. Act Police Station Panki District Kanpur Nagar was also registered on 27.03.2016 against the present opposite party no.2 alongwith his other family members. In the said case also after investigation charge sheet was submitted and the Magistrate took cognizance against those persons on 09.11.2016. 5. Challenging the said charge sheet the accused therein the present opposite party no.2 and his family members filed Criminal Misc. Application under Section 482 Cr.P.C No.356416in which this Court granted interim order dated 22.11.2016 that no coercive action shall be taken against 6. Learned counsel for the applicant submits that during the pendency of the application under Section 482 Cr.P.C. the parties to the dispute arrived at a settlement and have resolved their disputes amicably and in furtherance thereof the parties jointly filed case No.2020 under Section 13 B of the Hindu Marriage Act before the Principal Judge Family Court Kanpur Nagar. 7. Learned counsel for the applicant further submits that in pursuance of the compromise settlement the present applicant also filed an application supported with an affidavit seeking withdrawal of Case No.51620 of 2016 arising out of Case Crime No.1616 under Section 309 IPC Police Station Panki District Kanpur Nagar before the court concerned and the same is still pending for consideration. 8. Learned counsel for the applicant further submits that an application supported with an affidavit dated 12.02.2020 in respect of Case No.516216 arising out of Case Crime No.1316 under Sections 498 A 323 307 504 506 IPC and Section 3 4 D.P. Act Police Station Panki District Kanpur Nagar was also filed before the court below for withdrawal of the said case. 9. The husband of the present applicant namely Deepak Mishra in view of the compromise filed Criminal Misc Application No.10101 of 2020 before this Court in which by order dated 16.06.2020 the court below was directed to get the compromise verified in Case No.516216 arising out of Case Crime No.137 of 2016 as aforesaid and after the report of verification received from the Chief Judicial Magistrate concerned the proceedings of Case No.516216 arising out of Case Crime No.1316 were quashed by this Court by order dated 31.08.2020 10. Learned counsel for the applicant submits that in view of the compromise settlement between the parties and the same also having been acted upon in as much as on the basis thereof case for divorce by the parties concerned having been filed and the proceedings of Case No.516216 filed by the present applicant against the opposite party no.2 and his family members having been quashed by this Court in Criminal Misc Application No.10101 of 2020 after verification of the compromise from the court below concerned the proceedings of Case No.516216 arising out of Case Crime No.1616 against the applicant at the instance of opposite party no.2 also deserves to be quashed and the present 482 Cr.P.C petition deserves to be allowed 11. A copy of the order dated 31.08.2020 passed by this Court in Application under Section 482 Cr.P.C. No.101020 has been brought on record by way of Criminal Misc. Urgency Application No.20 alongwith copy of the joint applicant filed by the present applicant and the opposite party no.2 before the court concerned in Case No.516216. Copy of the petition for divorce by mutual consent has also been brought on 12. Learned counsel for the opposite party no.2 does not dispute the aforesaid facts and has also submitted that in view of the subsequent development and the compromise between the parties the present application under Section 482 Cr.P.C. may also be allowed to which he has no objection 13. Learned AGA appearing for the State has also not disputed the aforesaid facts 14. I have considered the submissions advanced by learned counsel for the parties and perused the material brought on 15. There is no dispute that the dispute between the parties was predominantly a matrimonial dispute. Both the sides lodged FIR against each other side in which the respective charge sheet were filed. There is also no dispute that during pendency of the case the parties have arrived at a settlement compromise and thereby have amicably resolved their matrimonial dispute and in furtherance thereof case for dissolution of marriage by a decree of divorce by mutual consent was also filed 16. An application for withdrawal of the criminal case field by the present applicant against the opposite party no.2 and his family members was also filed before the court below and arising therefrom in Criminal Misc. Application under Section 482 Cr.P.C. No.10101 of 2020 this Court has quashed the proceedings of the criminal case on the basis of the compromise after its due verification of which a verification report was submitted by the concerned Chief Judicial 17. In view of the above this Court does not consider it necessary to get the joint application filed by the present applicant and the opposite party no.2 before the court below in Case No.51620 of 2016 for quashing of which the present application under Section 482 Cr.P.C. has been filed verified as that very compromise was already got verified in Criminal Misc. Application under Section 482 Cr.P.C. No.101020 18. The prayer to quash the proceedings of the criminal case involved in the present case is also on the basis of the same compromise which has already been got verified in Criminal Misc. Application under Section 482 Cr.P.C. No.101020 and as such this Court on the basis thereof proceeds to pass orders in the present case as well 19. Having regard to the factors that the dispute between the parties is predominantly a matrimonial dispute the parties have amicably settled the dispute by entering into compromise settlement the nature of the offence being personal the FIR being counter blast to the FIR lodged by the applicant against the opposite party no.2 and his family members the proceeding of criminal case filed by the applicant having been quashed by this Court on the basis of the same compromise and the possibility of conviction being remote and bleak as well as considering the legal position as settled in the cases ofB.S Joshi & Ors vs State Of Haryana & Anr4 SCC 675 Gian Singh vs State Of Punjab & Anr10 SCC 303 iii) Narinder Singh & others versus State of Panjab another 6 SCC 46 Parbatbhai Aahir Parbatbhai vs The State Of Gujarat & Ors 2017SCC 641 and Social Action Forum for Manav Adhikar & others versus Union of India 2018SCC 443" to the effect that the proceedings of even a non compoundable offence can be quashed on the basis of compromise such as matrimonial dispute in which type of cases the settlement is to be encouraged this Court finds it a fit case to quash the proceedings of the criminal case alongwith the charge sheet in exercise of inherent powers in order to prevent abuse of the process of the Court and to secure the ends of justice as no useful purpose would be served in keeping and proceeding with the criminal proceedings which would be oppressive to the applicant and opposite party no.2 both. 20. In view of the above the proceedings of Case No.516216(State Vs. Smt. Pooja Mishra) arising out of Case Crime No.1616 under Section 309 IPC Police Station Panki District Kanpur Nagar pending in the court of Additional Chief Judicial Magistrate IInd Kanpur Nagar alongwith the Charge Sheet No.1416 dated 02.09.2016 filed in the aforesaid case are hereby quashed. 21. The petition under Section 482 Cr.P.C. is allowed. 22. There shall be no orders as to costs. Order Date : 12.01.2020 (Ravi Nath Tilhari J