PREETI MISHRA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The petitioner has filed this petition under Section 482 of the Cr.P.C. for quashment of Criminal Case No. 202/2010 pending before the Judicial Magistrate First Class, Bilaspur on the basis of FIR lodged by her under Section 498A read with Section 34 of the I.P.C. against respondents No. 2 to 6 who are husband and relatives of husband. Learned counsel appearing for the petitioner submits that although offence is not compoundable, but in the light of the dictum in the case of B.S. Joshi and others vs. State of Haryana and another, 2003 4 SCC 675, the proceedings before the court below be quashed. Learned counsel placing reliance upon the judgment of the Supreme Court in the matter of B.S. Joshi submits that though in accordance with the provisions of Section 320 of the Cr.P.C., the offence under Section 498A of the Indian Penal Code is non-compoundable in nature yet the criminal proceedings initiated for the offence punishable under this section can be quashed by exercising jurisdiction under Section 482 of the Cr.P.C. The relevant portion of the said judgment is extracted below:

(2.) Thus according to the above cited decision of the Supreme Court, it is the duty of the Court to encourage genuine settlements of matrimonial disputes and the provisions of Section 320 of the Cr.P.C. do not limit or affect the powers under Section 482 of the Cr.P.C.

(3.) I have perused Registry report.