PRADEEP PRASAD Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The petitioners seek quashing of the entire criminal proceeding arising out of Namkum P.S. Case No. 160 of 2015 corresponding to G.R. No. 4347 of 2015 which has been lodged on the basis of the written report of O.P. No. 2 for the offence punishable under sec. 498 A, 406, 420, 323, 504, 506 read with sec. 34 IPC and under sec. 3/4 Dowry Prohibition Act.

(2.) Referring to the decisions in "Gian Singh Vrs. State of Punjab and Another" reported in (2012) 10 SCC 303 and "Narinder Singh Vrs. State of Punjab" reported in (2014) 6 SCC 466, Mr. Prashant Kumar Rahul, the learned counsel for the petitioners submits that in exercise of the powers under sec. 482 Cr.P.C in view of the compromise between the parties which would facilitate peace and harmony amongst the parties, the criminal prosecution launched at the instance of one of parties can be quashed by the High Court.

(3.) In a long line of judgments including the one in "B.S. Joshi and Ors. Vrs. State of Haryana and Anr." reported in (2003) 4 SCC 675, the Supreme Court has indicated distinction between sec. 320 Cr.P.C and sec. 482 Cr.P.C and held that even the non-compoundable cases can be quashed by the High Court in exercise of powers under Article 226 of the Constitution of India or sec. 482 Cr.P.C. Such powers can be exercised by the High Court, more particularly, in the cases arising out of matrimonial disputes. It has been observed that if the parties have settled their dispute and the allegations in the complaint are not well-founded and it appears to the Court that further continuance of the criminal proceeding would be detrimental to the peace and harmony in the family or the matrimonial life of the parties, even the order of sentence can be set-aside.