RAMA DEVI Vs. STATE OF U P
LAWS(ALL)-2010-2-106
HIGH COURT OF ALLAHABAD
Decided on February 01,2010

RAMA DEVI Appellant
VERSUS
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

Kant Tripathi, J. - (1.) The applicant Smt. Rama Devi and five others have filed the instant petition under Section 482 CrPC for quashing the proceedings of the Complaint Case No. 1357 of 2007, Aarti Devi v. Ram Monad and others, under Sections 498-A, 506,1 PC and Section 3/4 of the Dowry Prohibition Act, police station Bharthana district Etawah, pending in the Court of Judicial Magistrate II, Etawah.
(2.) The applicant No. 6 Ramohad Singh and his wife, the opposite party No. 2 Smt. Aarti Devi, have filed a joint affidavit to the effect that they have settled their differences and disputes and have agreed to live together. On the basis of the compromise, the case instituted under Section 125, CrPC by the opposite party No. 2 has already been decided.
(3.) The Apex Court has dealt with the consequence of a compromise in regard to non-compoundable offences in the case of B.S. Joshi and others v. State of Haryana and another, (2003) 4 SCC 675 and has held as follows: "If for the purpose of securing the ends.of justice, quashing of FIR becomes-necessary, Section 320 would not be a bar to the exercise of power of quashing. It is, however, a different matter depending upon the facts and circumstances of each case whether to exercise or not such a power. Thus, the High Curt on exercise of its inherent power can quash criminal proceedings or FIR or complaint and Section 320 of the Code does not limit or affect the powers under Section 482 of the Code.";


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