MD ZISHAN ALI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Initially, this quash-petition was filed challenging the order taking cognizance dated 22.06.2017 by which cognizance for the offence punishable under section 498A IPC has been taken in C.P Case No. 637 of 2017, however, by filing I.A No. 256 of 2019 the petitioner and the complainant-O.P No. 2 have jointly prayed for quashing of the entire criminal proceeding arising out of C.P. Case No. 637 of 2017.

(2.) The petitioner has produced a copy of the deed of settlement dated 31.12.2018 which has been signed by O.P No. 2 and her husband who is petitioner in the present proceeding. Each page of this deed of settlement has been signed by both the parties. I.A No. 256 of 2019 has also been signed by both the parties. It is supported by separate affidavits of both the parties. The petitioner and his wife-O.P No. 2 have produced photo copies of their Aadhar Card and they have been identified by their learned counsels.

(3.) In a long line of judgments including the one in "B. S. Joshi and Others Vs. State of Haryana and Another, 2003 4 SCC 675", the Hon'ble Supreme Court has held that in appropriate cases criminal proceeding in non-compoundable cases also can be quashed by the High Court in exercise of the powers under Article 226 of the Constitution of India or section 482 Cr.P.C. It has been observed that if the complainant/informant is not inclined to prosecute further and the parties have arrived at a settlement which would further peace and harmony between the parties, more particularly, in the dispute arising out of matrimonial cases, the entire criminal proceeding can be quashed by the High Court. In "Gian Singh Vs. State of Punjab and Another, 2012 10 SCC 303", the Hon'ble Supreme Court has indicated the following circumstances in which a criminal proceeding can be quashed by the High Court :