Madhya Pradesh High Court

Jitesh Singh vs The State Of Madhya Pradesh on 3 May, 2024

Author: Vishal Dhagat

Bench: Vishal Dhagat

                                                         1
                                 IN    THE      HIGH COURT OF MADHYA
                                                    PRADESH
                                                  AT JABALPUR
                                                    BEFORE
                                      HON'BLE SHRI JUSTICE VISHAL DHAGAT
                                               ON THE 3 rd OF MAY, 2024
                                        CRIMINAL REVISION No. 2040 of 2020

                           BETWEEN:-
                           1.    JITESH SINGH S/O CHOTU SINGH, AGED
                                 ABOUT 38 YEARS, OCCUPATION: GOVT.
                                 SERVICE, R/O H.NO. 515 N-2 C SECTOR
                                 PIPLANI, DIST. BHOPAL (MADHYA PRADESH)

                           2.    SUBHESH SINGH S/O CHOTU SINGH, AGED
                                 ABOUT 31 YEARS, OCCUPATION: BUSINESS,
                                 R/O CHANDERI, P.S. MANENDRAGARH,
                                 DISTT. KORIYA, (CHHATTISGARH)

                           3.    ACHALA SINGH W/O CHOTU SINGH, AGED
                                 ABOUT      58     YEARS, OCCUPATION:
                                 HOUSEWIFE,    R/O  CHANDERI,    PS.S.
                                 MANENDRAGARH,     DISTRICT   KORIYA
                                 (CHHATTISGARH)

                           4.    CHOTU SINGH S/O KUWAR SINGH, AGED
                                 ABOUT 70 YEARS,   R/O CHANDERI, P.S.
                                 MANENDRAGARH,    DISTRICT   KORIYA
                                 (CHHATTISGARH)

                                                                                 .....APPLICANTS
                           (BY SHRI RISHI SHARMA - ADVOCATE)

                           AND
                           THE STATE OF MADHYA PRADESH THR. P.S.
                           MAHILA STATION, BHOPAL (MADHYA PRADESH)

                                                                                .....RESPONDENT
                           (BY SHRI JAI PRAKASH DHIMOLE - ADVOCATE)

                                 This revision coming on for orders this day, the court passed the



Signature Not Verified
Signed by: SUNIL KUMAR
PATEL
Signing time: 09-05-2024
15:28:50
                                                            2
                           following:
                                                            ORDER

Applicants have filed this criminal revision under Section 397/401 of Cr.P.C. for quashing of judgment dated 28.09.2020 passed by Third Additional District and Session Judge, Bhopal in Criminal Appeal No.328/2019.

2. Applicants and respondent have compromised the case. Statement of complainant was recorded before Registrar. Registrar has submitted its report that he is satisfied that complainant was not under any threat, inducement or pressure. Offence registered against the applicants are under Section 498-A of IPC and under Section 3 of Dowry Prohibition Act.

3. Since applicants and respondent have compromised the offence and offence does not affect public at large.

4. Considering the judgments passed by Apex Court in cases of Shilpa Sailesh V. Varun Sreenivasan, reported in 2023 SCC OnLine SC 544, Rangappa Javoor V. The State of Karnataka and another, reported in 2023 LiveLaw (SC) 74 and also taking into account judgment passed in B.S. Joshi v. State of Haryana in which it is held that Section 320 of the Cr.P.C. does not permit compounding of an offence under Section 498A of the I.P.C., has held that the High Court exercising the power under Section 482 of the Cr.P.C. may quash prosecutions even in non-compoundable offences when the ends of justice so require. This view has been affirmed by the three judges' bench in Gian Singh v. State of Punjab37 and reiterated by another three judges' bench in Jitendra

Raghuvanshi v. Babita Raghuvanshi38.

5. In view of aforesaid, exercising inherent power under Section 482 of Cr.P.C., judgment dated 28.09.2020 passed by Third Additional District and Sessions Judge, Bhopal in Criminal Appeal No.328/2019 is quashed and applicants are acquitted from the offence under Section 498- A of IPC and Section 3 of Dowry Prohibition Act. Bail bonds be discharged.

6. Certified copy as per rules.

(VISHAL DHAGAT) JUDGE sp/-