Arvind Bhushanchugh And Ors. vs Promilla @ Ritu And Anr.
1992 Latest Caselaw 466 Del

JUDGMENT

Usha Mehra, J.

(1) Sh. Arvind BhushanChugh, petitioner No. 1, was married to Dr. Promilla alias Ritu, according to Hindu rites on 30th March, 1985. No child is born from this wed lock. After the marriage differences arose between the parties and marriage broke down irretrievably. On account of the fact that the respondent's 'Stri Dhan' was kept by the petitioner she lodged a report with the police for return of her dowry articles as well as for cruelty on the basis of which a case was registered vide Fir No. 422/86, under Sections 406/498A/34 Ipc, Beside Arvind Bhushan, his elder brother Jagdish Lal Chugh, his sister-in-law Smt. Kusum Bala Chugh and his mother Smt. Sita Devi were also made as accused. On account of the differences between the parties, the present case was got registered. In the meantime compromise was arrived at between the husband and wife, as a result of which they filed a petition for divorce by mutual consent. The marriage has been dissolved by mutual consent, by the Addl. Distt. 'Judge, Delhi, on 14th July, 1992.

(2) After dissolution of the marriage, parties sorted out their other differences also and settled dowry articles, past and future maintenance and decided not to continue with the litigation. Accordingly they want that the criminal cases initiated on the complaint of the respondent No. 1 be quashed.

(3) Respondent No. 1 has to receive Rs. 1,50.000.00 which was lying deposited with the advocate for petitioner, Sh. O.P. Dutta. But this-is after the .quashing of the present criminal proceedings. After receiving this amount respondent No. 1 wants to withdraw her complaint and does not want to wash her dirty linen in public. The law is meant to do justice and not to force the parties for a protected litigation. This Court has inherent power to compound a non-compoundable offence when the interest of justice so requires. In this case since the complaint had arisen out of matrimonial differences which ultimately having been settled, I see no reason why they should continue with the criminal cases after they have settled their differences. I accordingly order that th(f Fir No, 422/86, under Section 406/498A/34, Ipc, Police Station Rajouri Garden- be hereby quashed and all proceedings initiated on the basis of the said Fir are ordered to be dropped.