MUJIBUR REHMAN Vs. STATE OF MP

JUDGEMENT

(1.) THIS is a joint petition by the accused-applicants as well as the complainant. This has been filed under section 482 of the Code of Criminal Procedure. The prayer herein is for the quashment of Criminal Case No. 3895/2006 pending in the Court of Judicial Magistrate First Class, Indore. This application has been presented in the following . circumstances.

(2.) THE complainant lodged FIR against the applicants No. 1 to 3 and after investigation the police presented charge-sheet against them for offences punishable under sections 498-A, 323, 406 and 506 of the IPC read with section 4 of the Dowry Prohibition Act. While the case was going on, the parties reached an amicable settlement and they presented it to the Court below. The learned Court below allowed composition of offences punishable under sections 323 and 506 of the IPC as they were only the offences compoundable and, therefore, acquitted the accused- applicants No. 1 to 3 of those offences. So far as other remaining offences are concerned, they not being compoundable, the learned Court below refused to accept composition regarding those offences. Hence, the present petition for quashment of the above case relating to the above remaining offences.

(3.) CONSIDERING all the facts and circumstances of the case, in the greater interests of the parties and larger interests of the society this application deserves to be allowed. It is, therefore, allowed and the proceedings in the above referred case pending before the learned Judicial Magistrate First Class, Indore are hereby quashed and the applicants No. 1 to 3 are released.