JABIULLA ANSARI @JANMAARA @BIKUWA Vs. STATE OF SIKKIM

JUDGEMENT

(1.) THIS application has been filed under Section 482 of the Code of Criminal Procedure, 1973, seeking to quash the proceedings in G.R.Case No. 176 of 2009 pending before the Court of the learned Judicial Magistrate, East and North Sikkim at Gangtok.

(2.) THE facts and circumstances leading to the present application are that, the petitioners are husband and wife, their marriage having been solemnized in the year 1994 and have four children out of their wedlock. As a consequence of an oral complaint made by the petitioner no.2, Singtam P.S. Case No. 27(5)09 dated 08.05.2009 under Section 323/498 'A'/506 IPC was registered against the petitioner no.1, resulting in a charge sheet being filed against him leading to registration of G.R.Case No.176 of 2009 for trial in the Court of the learned Chief Judicial Magistrate which is presently at the stage of consideration of charge. It has been submitted that the parties have ultimately settled the matter amicably by a deed of compromise on the terms and conditions contained therein. A copy of the deed of compromise has been filed as Annexure P-2 to the application which is dated 14.03.2011.

(3.) IN the case of B. S. Joshi vs. State of Haryana reported in 2003 (4) SCC 675, it has been held that while exercising inherent power of quashing under Section 482, it is for the High Court to take into consideration any special features which would appear in a particular case and to consider whether it is expedient in the interest of justice to permit a prosecution to continue and, that special features in matrimonial matters are evident, and therefore, it becomes the duty of the Court to encourage genuine settlements of matrimonial disputes. We may refer to paragraphs 10, 11 and 12 of the case of B.S. Joshi (supra) which are as follows: -