GAJANAND SHARMA Vs. STATE

JUDGEMENT

(1.) CRI.W. No. 665/2000 This is a joint petition by the husband and wife seeking quashing of FIR and the proceedings initiated thereon which was registered under Section 406/498-A/315/506/34 Indian Penal Code against petitioner No. 1 to 5, the husband and his relations. The said FIR was registered as FIR No. 201/2000 within the jurisdiction of Police Station Mandir Marg. During the pendency of these proceedings, at the intervention of friends and relations, compromise was arrived at pursuance to which the petitioner No. 3 and 6 started living together as husband and wife. Since the petitioners No. 3 and 6 are living together as husband and wife and have no cause of grievance against each other, hence petitioner No. 6 the wife decided to get the FIR lodged by her against petitioners 1 to 5 quashed. Statement of the parties have been recorded separately which show that petitioner No. 6 wife and petitioner No. 3 the husband are living together since July, 2000. They have no complaint against each other. Parties have also made their statements to the same effect and have stated that there is no grievance against each other. It is well settled that the offences which are non-compounded in relation to the quashing of the offences, the High Court has to act with more caution and circumspection. But at the same time the power of the High Court vis. a vis. non-compoundable offences is not totally curtailed. To say that the High Court is without power although parties have settled their disputes amicably would be to make the provisions of Section 482 of CRIminal Procedure Code. nugatory and ineffective. So long as these - powers are exercised to secure the end of justice and to stop the abuse of the process of the Court, it will be within the frame work of the Code of CRIminal Procedure. Compromise in modern society is a sine-qua-non of harmony. Exercising the inherent power under Section 482 CRIminal Procedure Code., for the purpose of amicable resolution of disputes which emanate out of the matrimonial differences, is to advance the cause of justice. No useful purpose will be served if the parties who have amicably settled their matrimonial dispute and want to bury heir past and to live in a spirit of peace and harmony, are forced to drag on with criminal litigation. It will be against the spirit of the Act to relegate them before the police and the Court specially when. they have settled their differences. Instead of securing justice, it would amount to perpetuating disharmony and ultimately leading to injustice to such parties. In the present case husband and wife have settled their differences and are living together. No useful purpose will be served in such a case to prolong the litigation, particularly when the complainant herself is not ready to proceed with the same. It would rather disturb the harmony and peace and the matrimonial life of the husband and wife. In these circumstances, we deem it fit to exercise inherent power of this Court and quash the FIR No. 201/2000 under Sections 498-A/406/315/506/34 Indian Penal Code of Police Station Mandir Marg as well as the proceedings emanating therefrom.