Harsh vs The State Of Madhya Pradesh
2021 Latest Caselaw 1371 MP

                                1



     THE HIGH COURT OF MADHYA PRADESH
            BENCH AT INDORE

             M.Cr.C. No.5852 of 2021
         (Harsh and others V/s State of M.P.)

Indore, dated :07/04/2021
       Shri Nilesh Manore, learned counsel for the
applicants.
       Shri Ankit Premchandani, learned panel lawyer
for the respondent/State.
       Shri Ravi Sagre, learned counsel for the
respondent no.2.
       The applicants have filed the present petition
under Section 482 of the Cr.P.C. seeking quashment of
F.I.R. registered at Crime No.104/2019 by Police
Station- Mau, District- Indore, for the offence punishable
under the sections 498-A and 34 of the Indian Penal
Code however after registration of the FIR the final
report has been filed and charges are framed against the
applicants. Complainant has been examined as PW-1. At
that stage the applicant no.1 and the respondent no.2
have entered into compromise on 18.09.2020 and
decided to take divorce by way of mutual consent. Hence
the present petition before this Court.
2.     Facts

of the case in short are under:-

i. The marriage of applicant no.1 and respondent no.2 was solemnized on 13.12.2015 at Mau under the Hindu customs and rituals. They lived together upto 25.12.2016 and thereafter, they are living separately. The

respondent no.2 lodged an FIR against the applicants on 08.03.2019 for the offence punishable under Section 498-A and 34 of the Indian Penal Code,1860. After completing the investigation the challan has been filed on 29.05.2009 and since then trial is pending. In view of the aforesaid compromise the applicant no.1 and the respondent no.2 have taken mutual divorce under Section 13-B of the Hindu Marriage Act vide judgment dated 23.02.2021. Certified copy of the judgment is filed along with the application for taking an additional document.

3. Learned counsel for the respondent no.2 is not in- disputed with the aforesaid compromise has been arrived thereafter the divorce has been taken. As per the terms of the compromise the respondent no.2 has agreed to withdraw the proceeding filed under Section 125 of the Cr.P.C. and Domestic Violence Act and support of the applicants for quashment of the FIR registered under Sections 498-A and 34 of the Indian Penal Code.

4. Learned trial Court lacks jurisdictions to quash the FIR registered under sections 498-A and 34 of the Indian Penal Code because it is a non-compoundable offence. The Apex Court in case of Gian Singh V/s. State of Punjab reported in 2012 10 SCC 303 has held that when the parties are entered into compromise and decided not to prosecute the case against each other then the charge under Section 498-A of the I.P.C. can be quashed in exercising of the power under Section 482 of the Cr.P.C.

5. With the aforesaid, the FIR and further proceedings are hereby quashed.

Certified copy as per rules.

                                                           (Vivek Rusia)
          Ajit                                                 Judge


Digitally signed by AJIT
KAMALASANAN
Date: 2021.04.07 18:54:11 +05'30'