Smt. Kanchan Bhadoriya vs Aditya Singh Bhadoriya
2021 Latest Caselaw 4353 MP

           THE HIGH COURT OF MADHYA PRADESH
                        M.Cr.C. No.20165/2021
  (Smt. Kanchan Bhadouriya Vs. Aditya Singh Bhadouriya and others)
Gwalior, dated : 16.08.2021

      Shri Shubhendu Singh Chouhan, learned counsel for the petitioner.

      Shri Nirmal Sharma, learned counsel for the respondents No.1 to 5.

Smt. Padamshri Agarwal, learned PL for the respondent No.6/State.

With consent heard finally.

Petitioner as complainant has preferred this petition under Section

482 of the Code of Criminal Procedure, 1973 seeking quashment of FIR

vide Crime No.114/20218, registered at Police Station- Mahila Thana,

Padav, Gwalior, for the offence punishable under Sections 498-A, 506, 34

of IPC and Section 4 of the Dowry Prohibition Act and consequential

proceedings vide R.C.T. No.358/2019 pending before the Judicial

Magistrate First Class, Gwalior, on the basis of compromise.

Learned counsel for the parties informed this court that settlement

has reached between the parties and in pursuance thereof,

petitioner/complainant has withdrawn the proceedings registered against

the private respondents for alleged offence under Sections 498-A, 506, 34

of IPC and Section 4 of the Dowry Prohibition Act, Section 125 of

Cr.P.C. for maintenance and Section 9 of Hindu Marriage Act, all

offences have been withdrawn and settled between the parties as well as

divorce decree on the basis of mutual consent under Section 13-B of

Hindu Marriage Act has been obtained. Therefore, they intend to enter into compromise for that applications under Sections 320 and 320(2) of

Cr.P.C. by way of I.A. Nos.11845/2021 and 11846/2021 have been

preferred. Parties fairly submit that they want to give peace a chance and

for that they want to settle their dispute inter se. Under the direction of

this Court, the factum of compromise entered into between the parties has

been verified by the Principal Registrar of this Court and according to the

said report, parties settled their dispute and intended to compromise the

matter.

Respondent/husband as a matter of his gesture for national cause,

informed this Court that he wants to deposit Rs.10,000/- in favour of

Army Central Welfare Fund having A/C No.520101236373338 of

Corporation Bank, Chandani Chowk Delhi.

Heard learned counsel for the parties at length.

A Lean Compromise is better than a Fat Law Suit, instant

efforts of the parties indicate the same. It is expected that their bona fide

gestures would continue.

The Hon'ble Supreme Court in catena of judgments Jagdish

Channa & others Vs. State of Haryana & another, AIR 2008 SC

1968, Madan Mohan Abbot Vs. State of Punjab, AIR 2008 SC 1969,

Shiji Vs. Radhika & Another, (2011) 10 SCC 705, Narinder Singh &

others Vs. State of Punjab (2014) 6 SCC 466, B.S. Joshi and others

Vs. State of Haryana and another (2003) 4 SCC 675, Gian Singh Vs.

State of Punjab (2012) 10 SCC 303 and Parbatbhai Ahir alias Parbatbhai Bhimsinhbhai Karmur and others Vs. State of Gujarat

and another, (2017) 9 SCC 641, laid down that even in non-

compoundable cases on the basis of compromise, criminal proceedings

can be quashed so that valuable time of the court can be saved and

utilized in other material cases.

After hearing learned counsel for the parties and taking into

account the law laid down by the Apex Court, in the opinion of this

Court, continuance of trial in such matter will be a futile exercise which

will serve no purpose. Further the ingredients are not so heinous,

therefore, permission to compound the offence is accorded. Under such a

situation, Section 482 Cr.P.C. can be justifiably invoked to prevent abuse

of the process of law and wasteful exercise by the courts below.

To preserve the resources and bonhomie created between the

parties arises out of settlement, in the interest of justice, applications for

compounding the offence vide I.A. Nos.11845/2021 and 11846/2021 are

allowed because no fruitful purpose would be served in continuation of

trial. Thus, parties are permitted to compound the offence.

Resultantly, the petition is allowed. FIR vide Crime No.114/20218,

registered at Police Station- Mahila Thana, Gwalior, for the offence

punishable under Sections 498-A, 506, 34 of IPC and Section 4 of the

Dowry Prohibition Act and consequential proceedings vide R.C.T.

No.358/2019 pending before the Judicial Magistrate First Class, Gwalior

stand quashed against the private respondents/accused.

Respondents/accused stand discharged from all the charges. In case of

non-submission of deposit receipt of Rs.10,000/-in favour of Army

Central Welfare Fund as referred above within fifteen days, this

order shall not remain in operation.

Principal Registrar of this Court is directed to send a copy of this

order to the Chief of Defence Staff/Ex-officio Secretary to the

Department of Military Affairs in Ministry of Defence, North Block

New Delhi for information about the thoughtfulness of petitioners

towards National Cause.

Petition stands allowed and disposed of in above terms subject to

aforesaid conditions.

(Anand Pathak) Judge Ashish

Digitally signed by ASHISH CHAURASIA

ASHISH DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, ou=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, postalCode=474001, st=Madhya Pradesh,

CHAURASIA 2.5.4.20=bf81a9adb1da24e4bc7b5195154c3d 4de08c6bb9303e52e2e7e728d9bac85bd3, cn=ASHISH CHAURASIA Date: 2021.08.17 18:26:45 +05'30'