BADANA BEGUM Vs. STATE OF ASSAM

JUDGEMENT

(1.) By this joint application, filed under Section 482 read with Section 320 Cr.P.C. the informant (petitioner No. 1) and the accused persons, petitioner No. 2 (husband of the informant), petitioner No. 3 (brother-in-law of the informant) and petitioner No. 4 (sister-in-law of the informant) have prayed for quashing the proceeding of G.R. Case No. 979/2010 (Hojai P.S. Case No. 241/2010) under Section 498(A) IPC, pending in the Court of the learned Sub-Divisional Judicial Magistrate, Hojai, Sankardev Nagar, in the District of Nagaon, Assam. The learned counsel for the petitioners has submitted that the informant and the accused persons have amicably settled the matter and that the informant and her husband i.e. petitioner Nos. 1 and 2 are peacefully living together, as husband and wife. The said wife-petitioner No. 1 initiated a proceeding under Section 498(A) IPC against her husband (petitioner No. 2), her brother-in-law (petitioner No. 3) and her sister-in-law (petitioner No. 4). It is submitted that the parties have amicably settled the matter and that there is no dispute among them. The learned counsel for the petitioners has submitted that, as the petitioners have been peacefully living together, continuance of this proceeding will adversely affect the family life of the petitioners and as such the same is liable to be quashed. In support of his contention, the learned counsel for the petitioners has relied upon the cases of Rajiv Saxena & Ors. Vs. State (NCT of Delhi) & Anr., 2012 3 SCC(Cri) 327 (Crl. Revision Petition No. 427/1997, decided on January, 2, 2001).

(2.) In the case of Rajiv Saxena and others , the Supreme Court, in a case under Sections 498(A)/496 read with Section 34 IPC allowed the prayer for quashing of the proceedings on the ground that the parties have mutually settled the matter. In the case of Arun Ch. Bora , a learned single Judge of this Court, referring to the case of Mahesh Chand Vs. State of Rajasthan, 1988 AIR(SC) 2111 observed as follows: