Ankur Agrawal vs The State Of Madhya Pradesh
2021 Latest Caselaw 401 MP

M.Cr.C. No.8084/2021                                                     1



HIGH COURT OF MADHYA PRADESH: BENCH AT INDORE

                       M.Cr.C. No.5084/2021
  Ankur Agrawal & Four Others v/s The State of Madhya Pradesh & Others
Indore, dated 02.03.2021
        Shri Harshwardhan Sharma, learned counsel for the
petitioner.
        Shri Valmik Sakargayen, learned counsel for respondent

No.1 / State.

Shri Amit Bhatia, learned counsel for respondent No.2 / complainant.

With the consent, finally heard.

The present M.Cr.C. has been filed by the applicants seeking quashment of F.I.R. registered at Crime No.40/2019 dated 10.02.2019 and criminal proceeding arising out of Criminal Case No.534/2019 on the basis of compromise arrived at between applicant No.1 and respondent No.2.

02. Applicant No.1 and respondent No.2 entered into the wedlock on 21.05.2017 under the Hindu Custom and Ritual. Thereafter, matrimonial dispute arose between them which has resulted into registration of F.I.R. at Crime No.40/2019 under Section 498-A, 323, 506 and 34 of the Indian Penal Code and filing of an application under Section 125 of the Cr.P.C. for maintenance. After completion of investigation challan has been filed and now the trial is pending as Criminal Case No.534/2019 before the JMFC, Indore. During pendency of the aforesaid proceeding, a compromise has been arrived between the parties and they have decided to withdraw the cases, allegation etc.

levelled against each other. On the basis of the compromise, the applicant No.1 and respondent No.2 both filed petition under Section 13-B of the Hindu Marriage Act, 1955 before the Family Court seeking divorce with mutual consent. Therefore, the applicants are praying for quashment of F.I.R.

03. In support of the aforesaid contention, reliance has been placed upon a judgment delivered by the Apex Court in the case of The State of Madhya Pradesh v/s Laxmi Narayan & Others passed in Criminal Appeal No.349/2019 whereby it has been held that the power conferred under Section 482 of the Cr.P.C. to quash the criminal proceedings for non-compoundable offence under Section 320 of the Cr.P.C. can be exercised particularly in a matter of matrimonial cases for the family dispute when the parties have resolved the entire dispute amongst them. Para - 13(i) of the order dated 05.03.2019 passed by the Apex Court in the aforesaid case reads as under:-

"13. Considering the law on the point and the other decisions of this court on the point, referred to hereinabove, it is observed and held as under :-

(i) that the power conferred under Section 482 of the Code to quash the criminal proceedings for the noncompoundable offences under Section 320 of the Code can be exercised having overwhelmingly and predominantly the civil character, particularly those arising out of commercial transactions or arsing out of the matrimonial relationship or family disputes and when the parties have resolved the entire dispute amongst themselves."

04. In view of the above, since the parties have compromised the matter and settled all the dispute lying amongst them, in order avoid further complication and dispute between them, this Court finds it appropriate to quash the F.I.R. registered at Crime

No.40/2019 and all consequential proceedings of the Criminal Case No.534/2019.

05. Accordingly, F.I.R. registered at Police Station - Mahila Thana, Indore at Crime No.40/2019 and criminal proceedings in respect of Criminal Case No.534/2019 are hereby quashed.

With the aforesaid, M.Cr.C. stands allowed. Certified copy, as per Rules.

(VIVEK RUSIA) JUDGE Ravi Digitally signed by Ravi Prakash Date: 2021.03.03 13:00:00 +05'30'