Anupam Singh Kushwah vs The State Of Madhya Pradesh
2021 Latest Caselaw 408 MP

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        THE HIGH COURT OF MADHYA PRADESH
                    MCRC 46601 of 2020
   Anupam Singh Kushwah and Others vs. State of MP and Anr.

Gwalior, Dated :02/03/2021

      Shri Rajendra Singh Dakar, Counsel for the applicants.

      Smt. Uma Kushwah, Panel Lawyer for the respondent No.1/ State.

Ms. Monica Mishra, Counsel for the respondent No.2.

This application under Section 482 of CrPC has been filed for

quashment of FIR in Crime No.20/2017 registered at Mahila Thana

Padav, District Gwalior for offence under Sections 498-A, 294, 506 r/w

Section 34 of IPC and under Section 4 of Dowry Prohibition Act as well

as the consequential proceedings.

It is submitted by the Counsel for the parties that earlier, the

applicants had filed an application under Section 482 of CrPC for

quashment of FIR which was registered as MCRC No.23053 of 2017 but

the same was withdrawn. However, at a later stage, the parties came to

compromise and it was decided that all the litigations which are pending

between the parties, shall be withdrawn.

The respondent no.2 had filed a petition for grant of divorce which

was registered as Case No.246/2018 (HMA) and the said petition was

dismissed by Principal Judge, Family Court Bhind by judgment dated

28/06/2019. The judgment passed by the Family Court was challenged by

respondent no.2 by filing a First Appeal No.1381/2019 and in that

proceedings, a compromise was entered into between the parties and it

THE HIGH COURT OF MADHYA PRADESH MCRC 46601 of 2020 Anupam Singh Kushwah and Others vs. State of MP and Anr.

was further mentioned in the application that any other complaint/all

other complaints/cases filed by party of the First Part/ Appellant/wife

against party of the second part/Respondent/ Husband and his family

members, shall be treated as withdrawn/closed, apart from the other

conditions. The said application was allowed by this Court by order

dated 16/03/2020 and a compromise decree has been passed and the

marriage between the respondent no.2 and the applicant no.1 was

dissolved.

It is submitted that in compliance of the compromise entered into

between the parties, the present application under Section 482 of CrPC

has been filed for quashment of the proceedings on the basis of

compromise. It is further submitted that since the present application is

based on subsequent compromise arrived at between the parties,

therefore, the withdrawal of the first application under Section 482 of

CrPC would not come in the way.

This Court by order dated 27/01/2021 had directed the parties to

appear before the Principal Registrar of this Court for verification of

factum of compromise.

After due verification, the Principal Registrar of this Court has

given the following report:-

''After verifying from Complainant/ Respondent No.2 Smt. Krati Singh and Accused/Applicants No. 2 and

THE HIGH COURT OF MADHYA PRADESH MCRC 46601 of 2020 Anupam Singh Kushwah and Others vs. State of MP and Anr.

3, that they have arrived at compromise voluntarily, without any threat, inducement and coercion.

According to Section 320 of CrPC the Offences U/s 506, 34 of I.P.C. is compoundable. But U/s 498-A, 294 of I.P.C. and U/s 4 of Dowry Prohibition Act are not compoundable.

The respondent No.2 in her statement before the Principal

Registrar of this Court has specifically stated that they have decided

voluntarily to get separated and by way of permanent alimony for herself

as well as for her minor daughter, an amount of Rs.20 lac has been

received by respondent No.2 and now, she does not want to proceed

further for the prosecution.

Accordingly, in the light of the judgments passed by the Supreme

Court in the case of Gian Singh vs. State of Punjab reported in (2012)

10 SCC 303 and Narinder Singh & Ors. vs. State of Punjab & Anr.

reported in (2014) 6 SCC 466, this application is allowed.

FIR in Crime No.20/2017 registered at Mahila Thana Padav,

District Gwalior for offence under Sections 498-A, 294, 506 read with

Section 34 of IPC and under Section 4 of Dowry Prohibition Act as well

as the consequential proceedings arising out of the said FIR, are hereby

quashed. The applicants are accordingly acquitted.

(G.S. Ahluwalia) Judge

MKB

MAHENDRA KUMAR BARIK VALSALA 2021.03.03 11:51:46 +05'30' VASUDEVAN 2018.10.26 15:14:29 -07'00'