SANJAY Vs. STATE OF M.P. AND ANOTHER

JUDGEMENT

(1.) This petition under Section 482 of Code of Criminal Procedure, 1973 (for short 'The Code'), has been preferred for quashment of First Information Report in crime No.102/2017, registered at Mahila Thana, Indore, against the petitioner for offence punishable under Sections 498-A, 323, 506 of IPC and the consequent proceedings in criminal case No.RCT/3800718/2017 pending before the Court of Judicial Magistrate First Class, Indore.

(2.) The facts of the case, briefly stated, are that respondent No.2- Smt. Tina Sinha, w/o Sanjay Sinha (petitioner), has filed a written complaint against the petitioner with regard to demand of dowry, infliction of harassment and cruelty upon her. On the basis of this complaint, F.I.R bearing crime No.102/2017 was registered at Mahila Thana, Indore against the petitioner for offence punishable under Sections 498-A, 323 and 506 of IPC. On completion of investigation, challan has been filed for trial, however, during the pendency of the trial, on the basis of amicable settlement arrived at between Petitioner and respondent No.2/complainant, filed an application u/S 13(B) of Hindu Marriage Act, for dissolution of marriage on mutual consent, bearing case No.1549/2017, which is pending before the Principal Judge, Family Court, Indore. An application under Section 320(2) of Cr.P.C for compromise was also filed before the trial Court, however, offence punishable under Section is not compoundable, therefore, the petitioner has filed the present petition for quashment of F.I.R and consequent criminal proceedings pending in case No.RCT/3800718/2017 before the Court of Judicial Magistrate First Class, Indore.

(3.) It is submitted by learned counsel for the petitioner that both the parties have filed compromise application in this present petition also and the same has been duly verified by the Principal Registrar, Bench at Indore. It is further submitted that considering the fact that the parties have arrived at a peaceful settlement thus the continuance of proceedings before the Court with regard to offence under Section 498-A, 323, 506 of IPC will amount to sheer wastage of valuable time of the Court and will also result in harassment to the parties.