ANKURSH GOLECHA Vs. STATE OF M P

JUDGEMENT

(1.) PETITIONERS have filed this petition under Section 482 of cr. P. C for quashing the entire proceedings with respect to Crime No. 59 of 2006 registered at Thana Padav, District Gwalior for offence punishable under Section 498a and 323/34 of IPC and Section 4 and 6 of Dowry prohibition Act initiated against the petitioners and pending before JMFC. Gwalior.

(2.) AS per petitioners, the facts stated in brief are that petitioner No. 1 Ankush golecha was married with respondent No. 2 Smt. Shweta Golecha 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 Principal Judge of Family Court in Case No. 86a of 2007 on the terms of giving Rs. 32,00,000 for maintenance of Smt. Shweta Golecha and her son Viraj Golecha @ Veer Jain. Criminal trial No. 4995 of 2007 was also pending in the Court of JMFC, gwalior against petitioners. Both the parties thereafter filed compromise applications before learned trial court under Section 320 of Cr. P. C and learned trial court on 13. 1. 2009 rejected both the applications in respect of Section 498a and Section 4 and 6 of Dowry Prohibition Act on the ground that Section 498a of IPC is non-compound-able offence. Therefore this petition to invoke inherent powers for quashing the proceedings of criminal case No. 4995 of 2007 in connection with Crime No. 59 of 2006.

(3.) PERUSED the certified copies of order sheets and impugned order dated 13. 1. 2009 passed in criminal case No. 4995 of 2007 i pending in the Court of JMFC, Gwalior.