CHANDRA SEKHAR SENAPATI Vs. SUNEETA SENAPATI

JUDGEMENT

(1.) THIS is an application under Section 482 of the Code of Criminal Procedure for quashing a proceeding in G.R. Case No. 324 of 1995 pending in the file of Sub -Divisional Judicial Magistrate, Bolangir.

(2.) THE main contention raised in this petition is that the allegations in the F.I.R. do not make out a prima facie case. However, in view of the subsequent happy event, it is not necessary to considering to whether the allegations in the F.I.R. constituted an offence or not. During the pendency of this proceeding, the petitioner who is the husband and opposite party No. 1, his wife decided to give a fresh beginning to their conjugal life by forgetting the past dispute. A joint petition has been filed today supported by an affidavit by the petitioner and opposite party No. 1. Incidentally, both of them are highly educated persons and doctors. The petitioner is serving as a doctor under Railways at Kharagpur and the opposite party No. 1 is now posted at Machhkund under the State Government. The petitioner and opposite party No. 1 are present in Court today. After going through the joint petition filed by them and discussing the matter personally with them, I am convinced that both of them want to resume their conjugal life by forgetting the past dispute. In the joint petition filed today, it has been prayed that in view of the amicable settlement, the criminal case pending before the Sub -Divisional Judicial Magistrate, Bolangir, should be quashed. In the F.I.R. it has been alleged that offences under Sections 498A/507, I.P.C., have been committed. Though the offence under Section 506, I.P.C. is compoundable, the offence under Section 498A, I.P.C. is not compoundable. However, even though, the offence under Section 498A, I.P.C. is not compoundable, since the husband and wife has amicably resolved their dispute, it would not be in the interest of justice to allow the criminal proceeding to continue, as continuance of such proceeding would be counter -productive. Since the husband and wife want to live together, the proceeding pending before the Sub -Divisional Judicial Magistrate, Bolangir should not come in their way of living together. It would not be in the interest of justice to allow such criminal proceeding to continue. It has been held in Crl. Misc. Case No. 4603 of 1997 Raja Kishore Behera and Ors. v. State of Orissa and Ors., disposed of on 21.8.1998 that even if an offence under Section 498A, I.P.C. is not compoundable under Section 320, Cr.P.C., in a fit case the High Court in exercise of power under Section 482, Cr.P.C. can quash such a criminal proceeding. In the present case, the allegations relate to the alleged torture by the husband. Since the husband and wife want to Jive as married couple, it would be a travesty of justice to hold that the criminal proceeding should be continued merely because the offence under Section 498A, I.P.C. is not compoundable. Keeping in view this aspect, the joint petition filed today is accepted and on the basis of such petition, G.R. Case No 324 of 1995 pending before the Sub -Divisional Judicial Magistrate, Bolangir, is quashed.

(3.) A copy of this order be handed over to the learned Addl. Standing Counsel appearing for the State for communication to the Secretary, Department of Health and Family Welfare, so that in case any representation is filed by the wife, the same can be properly considered.