OMPRAKASH PUNGLIYA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This petition under section 482 of Code of Criminal Procedure, 1973 (for short 'The Code'), has been preferred for quashment of F.I.R bearing crime No.464/2017, registered at police station - Annapurna, District - Indore, against the applicants for offence punishable under Sections 498-A of IPC,1860 and Section 3/ 4 of Dowry Prohibition Act, 1961 and the consequential proceedings in Criminal Case No. 827/2017 pending before the Court of Judicial Magistrate First Class, Indore.

(2.) The brief facts relevant to the case are that on 07/06/2017, the respondent No.2, got married to the applicant no.2, at Indore as per Hindu rituals and customs. However certain dispute arose between the parties regarding which the allegation of the respondent is that after some time of marriage applicants/accused persons were persistently making demand of Rs.11.00 lakhs as dowry and were ill treating her, therefore, from 12/11/2017, the respondent no.2/complainant left the matrimonial house and started living separately. On 28/11/2017, respondent no.2 lodged a complaint at Police Station Annapurna, Indore and on the basis of which, FIR bearing crime No.464/2017 was registered against the applicants for offence under Sections 498-A, 323, 506/34 of IPC, 1860 and Section 3 /4 of Dowry Prohibition Act, 1961. On completion of investigation, charge-sheet was filed before the Judicial Magistrate First Class, Indore which is pending as criminal case bearing No.827/2017 against the applicants.

(3.) During the pendency of the trial, the applicant no.2 and respondent no.2/complainant have jointly filed an application under section 13(B) of Hindu Marriage Act before the Second Additional Principal Judge, Family Court, Indore praying for a decree of divorce. The Family Court vide order dated 16/12/2019 allowed the application and decreed the suit. Thereafter on the basis of amicable settlement arrived at between applicants and respondent No.2, compromise application u/S. 320(2) of 'The Code' was filed before the trial Court. However, the learned trial Court partly allowed the joint application for compromise in Criminal Case No.343/2018 by acquitting the applicants for offence under Sections 323, 506-II of IPC however rejected the application for offence under Section 498-A of IPC, 1860 and 3 /4 of Dowry Prohibition Act, 1961 on the ground that the said offences are not compoundable.