Smt. Sapna Dubey vs The State Of Madhya Pradesh
2021 Latest Caselaw 2729 MP

                                   1                            MCRC-5448-2021
        The High Court Of Madhya Pradesh
                  MCRC-5448-2021
           (SMT. SAPNA DUBEY Vs THE STATE OF MADHYA PRADESH AND OTHERS)

2
Gwalior, Dated : 26-06-2021
      Heard through Video Conferencing.
      Shri Shyam Sharma, learned counsel for petitioner.
      Shri R.K. Awasthi, learned Public Prosecutor the respondent-State.

Shri J.P. Kushwah, learned counsel for respondents No.2 to 5. T his petition under section 482 of Cr.P.C. has been filed by the

petitioner seeking quashment of FIR registered by Police Station Mahila Thana, District Gwalior for the offence punishable under Sections 498-A, 354(A)(1& 2), 506, 34 of IPC and Section 3/4 of the Dowry Prohibition Act a n d consequential proceedings arising out of aforesaid FIR in RCT No.4795/2016.

It is submitted by learned counsel for the petitioner that respondents No.2 to 5 have entered into a compromise with the petitioner and, therefore, the present petition has been filed for compounding the offence on the basis of compromise.

A l o n g with the petition under Section 482 of Cr.P.C, I.A.No.3007/2021, an application under Sections 320(2) of the CrPC jointly filed by respondents No.2 to 5 and the petitioner-Smt. Sapna Dubey. The application is duly signed and supported by the affidavits of the parties.

In compliance of the order dated 1/3/2021 passed by this Court, the factum of compromise has been verified by the Principal Registrar of this Court, who has recorded statements of respondents No.2 to 5, namely, Swapnil Dubey, Omprakash Dubey, Smt. Madhuri Dubey and Abhinav Dubey as well as petitioner- Smt. Sapna Dubey and has submitted a report that the parties have arrived at compromise voluntarily without any fear or force. The verification report further states that as per section 320 CrPC, the offence under Sections 498-A, 354(A)(1&2) of the IPC and Section 3/4 of 2 MCRC-5448-2021 the Dowry Prohibition Act are not compoundable and accused persons have already been acquitted under Section 506, 34 of the IPC by the trial Court.

Considered the submissions put forth by learned counsel for the parties and perused the compromise report of the Principal Registrar.

In the light of the judgments passed by the Supreme Court in the cases o f 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, and Narinder Singh & others Vs. State of Punjab (2014) 6 SCC 466, and considering the fact that the parties have resolved their dispute as well as the nature of offence which cannot be said to be an offence against the society at large, FIR registered by Police Station Mahila Thana, District Gwalior for the offence punishable under Sections 498-A, 354(A)(1&2), 506, 34 of IPC and Section 3/4 of the Dowry Prohibition Act and all consequential proceedings are hereby quashed.

Petition stands allowed accordingly.

(RAJEEV KUMAR SHRIVASTAVA) JUDGE

pwn* Pawan Kumar 2021.06.26 17:17:15 +05'30'