ASHOK & ORS. Vs. SMT. ASHA

JUDGEMENT

(1.) PETITIONERS have filed this petition under section 482 of Cr.P.C. for quashing the entire proceedings with respect to CR. Case No. 14788 of 2009 pending in Court of ACMJ, Gwalior for offence punishable under section 498 -A of IPC initiated on complaint filed by complainant under Section 498A, 406, 452, 506(B), 323, 294, 341 and 342/34 of IPC and 3/ 4 of Dowry Prohibition Act.

(2.) AS per petitioners, the facts stated in brief are that petitioner no. 1 Ashok was married with respondent Smt. Asha on 18th February, 2003 according to Hindu religion. Their marriage did not last longer and a decree of mutual divorce under section 13 (B) of Hindu Marriage Act was granted by the Division Bench of High Court in First Appeal No. 16 of 2006. Meanwhile, Criminal case No.14788 of 2009 was also pending in the court of ACJM, Gwalior against Petitioners. Both the parties thereafter filed compromise applications before learned trial court under Section 320 and 320 (2) of Cr.P.C. and learned trial court on 9.2.2009 rejected both the applications on the ground that Section 498 -A of IPC is non -compoundable offence. Therefore, this petition to invoke inherent power for quashing the proceedings of Cr. case no.14788 of 2009

(3.) PERUSED the certified copies of order sheets and impugned order dated 9.2.2009 passed in Cr.case no.1583 of 2005 pending in the Court of JMFC, Gwalior.