NAND KISHORE GERA Vs. ANITA ALIAS SANITA

JUDGEMENT

(1.) THIS petition is for quashing the complaint presently pending in the Court of Judicial Magistrate Ist Class, Jalandhar. The respondent Smt. Anita has filed a complaint against, in all six accused under section 6 of the Dowry Prohibition Act and under Sections 420/406/495, read with Section 120-B, Indian Penal Code. It is not necessary go into the details of the complaint- Annexure P1. The short question involved in this case is whether this complaint should be quashed in view of the compromise between the parties, of which the copy is Annexure P3. A plain reading of that compromise clearly indicates that respondent Anita was not a party to that compromise. As per that compromise, Roshan Lal, the father of respondent Anita, had given an assurance that his daughter Anita will withdraw the aforesaid complaint. The petitioner now contends that in view of that compromise, another complaint filed by him against Anita and others was got disposed of vide Annexure P4 dated 7.9.1996. The contention is that since he has acted upon the compromise Annexure P3 and, thus, suffered by disposing of the complaint filed by him as per Annexure P4, now it is the moral obligation of Anita to respect the assurance given by her father, who, while signing the compromise Annexure P3 had assured the petitioner that Anita would also withdraw the complaint filed by her. The counsel submits that in view of the circumstances of this case, this Court should extend its inherent powers to quash the complaint.

(2.) SINCE Anita was neither a party to the compromise nor willing to withdraw her complaint, no question of any legal or moral obligation on the part of Smt. Anita so arises. It may be mentioned that the offence under Section 495, IPC, is non-compundable. It is punishable to the extent of ten years and fine. Obviously, therefore, a warrant procedure as envisaged under Part B of Chapter XIX of Code of Criminal Procedure should be applicable to the complaint in this case. Therefore, the complaint cannot be dismissed in default because one of the offences mentioned above is non-compoundable.