ARUN KUMAR VOHRA Vs. RITU VOHRA

JUDGEMENT

(1.) This petition has been filed under Section 482 of the Code of Criminal Procedure for quashing the FIR under Section 307/34 .read with Section 498-A/324, Indian Penal Code and proceedings pending before the concerned Additional Sessions Judge. The complainant in this case is Ritu Vohra wife of the petitioner Arun Kumar Vohra. The petitioner was married to the respondent in the year 1981 and two children were born from the wedlock. It is mentioned in the petition that the petitioner and respondent are educated and belong to respectable families and they do not want to indulge in any prolonged litigation and mud- slinging which would psychologically upset the minds of their children and their parents and they want to settle their differences in a decent manner. It is further mentioned in the petition that some of the offences are non-compoundable in nature so they have sought indulgence of this Court for quashing the FIR. The petitioner and the respondent have also appeared in Court and reiterated the aforesaid averments.

(2.) The learned Counsel appearing for the parties submitted that in the larger interest of peace and harmony of the parties, the FIR filed by the complainant against the petitioner be quashed. The learned Counsel for the parties placed reliance on Sanjay Kumar and Another v. State of M.P., 1994 S.C.C. (Crl) 586. In this case, though the Trial Court had acquitted the appellants but the High Court convicted them under Section 307 Indian Penal Code and sentenced to rigorous imprisonment for 430 3 years. The conviction was converted from the one under Section 307 to that under Section 324 Indian Penal Code and the Court observed as under : "Since the parties who are neighbours have expressed a desire to compound the matter and since the learned Counsel for the complainant who is present before us has also stated that her client has desired that permission to compound the matter may be granted to ensure lasting peace, we see no difficulty in granting the permission to the parties to compound the matter. An affidavit in that behalf has already been filed and the same is on record. We accept the same and treat the matter as compounded. In view thereof, the conviction and sentence are set aside and the appellants will stand acquitted as the matter has been compounded with the permission of the Court. The appeal will stand disposed of accordingly."

(3.) The learned Counsel for the petitioner has also drawn my attention to the Judgment of the Supreme Court Ram Prasad and Anothers v. State of Uttar Pradesh, (1982) S.C.C.149.