TRILOKI TIWARI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) With consent of the parties, heard the matter finally at motion stage itself.

(2.) Facts in brief required for disposal of instant CRMP are that Cr. Case No. 623/2014 (State of Chhattisgarh Vs. Triloki Tiwari and 4 others) is pending before the Judicial Magistrate First Class, Mahasamund. On 15-7-2014, the trial Court framed charges against all the accused/petitioners for offence under Sec. 498A/34 of the Indian Penal Code, 1860 (in brevity 'IPC') and Sections 3, 4 of the Dowry Prohibition Act, 1961 (in brevity 'Act of 1961'). All the accused/petitioners denied the charges. The court below recorded their pleas and listed the matter for evidence on 5-1-2016. On 5-1-2016, a joint application was filed before the trial Court by complainant Smt. Deepmala Chaturvedi, wife of Kripashankar @ Ballu along with other accused persons that they have settled their dispute amicably outside the court and hence, the compromise arrived at by the parties may be allowed and the said criminal case be disposed of by acquitting the accused/petitioners. The trial Court held that as Sec. 498A of the Penal Code is not included under the provisions of Sec. 320 of the Code of Criminal Procedure, 1973 (in brevity 'Cr.P.C.') as a compoundable offence hence rejected the application for compromise. After said order, the accused/petitioners have preferred instant petition invoking inherent jurisdiction vested to this court under Sec. 482 of the Crimial P.C. and submitted that the matter is matrimonial. Parties have entered into amicable settlement and compromised the matter. Victim/complainant Smt. Deepmala Chaturvedi the lodger of the FIR is living peacefully with all the accused/petitioners and she does not want to proceed further in the said criminal case as they have amicably settled their dispute and compounded the matter. By filing instant CRMP it is prayed that inherent power of this court under Sec. 482 of the Crimial P.C. is attracted. Sec. 320 of the Cr.P.C. does not limit the power of this Court for quashment of the entire proceedings in the light of such compromise. As both the parties have amicably settled their dispute, a prayer is made before this Court that in the light of the settlement between the parties, compromise may be accepted and criminal proceedings pending before the trial Court be quashed by acquitting the petitioners/accused. On 15-2-2016, petitioner Triloki Tiwari, Smt. Durgeshwari Tiwari, Kripashankar, Smt. Janki Chaturvedi and Kishore Chaturvedi and victim/complainant Deepmala were present in person before this court. At their request they were directed to appear before the Registrar (Judicial) for recording their statements on oath. On the same day, Registrar (Judicial) recorded their statements regarding compromise. After recording of their statements they prayed that they have filed application under sub-section (2) of Sec. 320 of the Crimial P.C. before this Court and compromised the matter, said application be allowed and the instant CRMP be also allowed and the matter pending before the trial Court be quashed by exercising inherent jurisdiction vested to this court under Sec. 482 of the Crimial P.C.

(3.) Heard counsel for the petitioners.