ARUN RAJU Vs. LYDIA ANJALI AND ANR

JUDGEMENT

(1.) This petition is filed to quash CC No. 47071 of 2010 pending trial for an offence punishable under Section 419A of the Indian Penal Code, 1860 and an offence under Section 67 of the Information Technology Act, 2000.

(2.) The petitioner and first respondent are before this Court and admit that the matrimonial disputes between them have been settled and marriage has been dissolved by a decree of divorce and they have no claims against each other and they have no issues. They have filed a joint memo. Today, petitioner (husband) has given a Demand Draft bearing No. 003313, dated 21-1-2012 for a sum of Rs. 9,00,000 drawn in favour of respondent (wife) on HDFC Bank. She acknowledges the receipt of the Demand Draft.

(3.) The learned Government Pleader relying on the judgment of the Supreme Court in the case of Gian Singh v. State of Punjab and Another, 2011 AIR(SCW) 305 would submit that this Court by exercising its power under Section 482 of the Criminal Procedure Code, 1973, cannot convert a non-compoundable offence to a compoundable offence. The learned Government Advocate would submit that in the case of Gian Singh, the Supreme Court has held that the decisions rendered by the Supreme Court in the case of Nikhil Merchant v. Central Bureau of Investigation and Another, 2009 AIR(SC) 428 in the case of B.S. Joshi and Others v. State of Haryana and Another, 2003 AIR(SC) 1386 and in the case of Manoj Sharma v. State and Others, 2008 16 SCC 1 do not appear to be correctly decided. The Supreme Court in Gian Singh's case has directed that the matter be placed before the larger Bench to consider the correctness of the aforesaid three decisions.