MUKESH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Applicant has preferred this petition under Section 482 of Code of Criminal Procedure, 1973 (for short 'The Code'), praying for quashment of First Information Report bearing crime No.002/2013, registered at police station - Mahila Thana, District - Indore, against the applicant for offence punishable under Sections 294, 498-A, 506 of IPC, 1860 and Section 4 of Dowry Prohibition Act,1961 so also the proceedings pending before the Judicial Magistrate First Class, Indore in Criminal Case No.2130/2013.

(2.) Relevant facts, briefly stated, the marriage of the applicant and respondent no.2 was solemnized on 04/07/2012 as per Hindu rites and rituals at Indore. After the marriage the applicant and respondent no.2 were residing together as husband and wife at Indore. However, due to the harassment and torture made by the applicant for fulfillment of demand of dowry the respondent no.2 left her matrimonial house and started living separately. On 09/01/2013 respondent no.2 lodged a complaint at Police Station Mahila Thana, Indore. On the basis of which FIR under Section 294, 498-A, 506 of IPC, 1860 and Section 4 of Dowry Prohibition Act,1961 was registered against the applicant. On completion of investigation, challan has been filed.

(3.) During the pendency of the trial, the applicant filed a case under Section 13(1)(1-A) (1-B) of Hindu Marriage Act before the Second Additional Principal Judge, Family Court, Indore praying for a decree of divorce. By ex-parte order dated 18/01/2016 the Family Court allowed the application and decreed the suit. Now on the basis of amicable settlement arrived at between applicant and respondent No.2, compromise application u/S 320(8) and 320(2) of 'The Code' was filed before the trial Court, however, the learned Court partly allowed the compromise and acquitted the applicant with regard to offence under Section 506/34 and declined to accept the application with regard to offence under Sections 294, 498- A of IPC, 1860 and Section 4 of Dowry Prohibition Act, 1961 on the ground that the same are not compoundable, hence the present petition.