- (1.) VIJAY Kumar Verma, J. By means of this application under section 482 Cr. P. C. of the Code of Criminal Procedure (in short, 'the Cr. P. C. '), the applicants (1)Satish Kumar, (2) Shree Pal, (3) Smt. Kamlesh and (4) Smt. Gyanu @ Gyanwati have invoked inherent jurisdiction of this Court for quashing of the proceedings of criminal case no. 950 of 2007 (State Vs. Satish Kumar and others) under section 498a, 323, 504, 506 I. P. C. and 3/4 D. P. Act arising out of crime no. 527 of 2005, P. S. VIJAY Nagar, Ghaziabad pending in the Court of Addl. Chief Judicial Magistrate, Court No. 2, Ghaziabad.
(2.) SHORN of unnecessary details, the facts leading to the filing of the application under section 482 Cr. P. C. , in brief, are that marriage of applicant no. 1 Satish Kumar and opposite party no. 2 Smt. Kavita took place on 15. 04. 2001, but subsequently some misunderstanding and disputes were developed between the couple, as a result of which Smt. Kavita lodged an FIR against the applicants at P. S. Vijay Nagar (Ghaziabad), where a case under section 498-A, 323, 504, 506 I. P. C. and 3/4 D. P. Act was registered at crime no. 527 of 2005. After investigation, one chargesheet against the applicant no. 4 Smt. Gyanwati and another chargesheet against other applicants were submitted, on the basis of which, criminal case no. 2504 of 2006 was registered, which was renumbered as case no. 950 of 2007. An application for granting maintenance under section 125 Cr. P. C. was also moved by opposite party no. 2 Smt. Kavita against her husband applicant no. 1 Satish Kumar in case no. 3 of 2007. During the pendency of these cases, due to intervention of some well-wishers and relatives, the parties settled their dispute, in consequence whereof the applicant no. 1 paid Rs. 70, 000/- to Smt. Kavita as whole time maintenance and streedhan. After payment of that amount, a compromise was filed by the parties in the proceeding under section 125 Cr. P. C. On the basis of the compromise and settlement arrived at between the parties, the Addl. Civil Judge (J. D.)/j. M. , Court No. 3, Ghaziabad vide his order dated 25. 09. 2008 dismissed the case under section 125 Cr. P. C. as withdrawn. As a result of the compromise entered into between the parties, the applicants have invoked the inherent jurisdiction of this court to quash the proceeding of criminal case referred in para 1 above. I have heard arguments of Sri Amit Daga, learned counsel for the applicants, Sri Bhaskar Mall, learned counsel for the opposite party no. 2 and learned AGA for the State of U. P. Drawing my attention towards the case of B. S. Joshi and others Vs. State of Haryana and another 2003 (46) ACC 779, it was submitted by the learned counsel for the applicants that in view of the compromise entered into between the parties, this Court should invoke its inherent jurisdiction to quash the entire proceedings of criminal case no. 950 of 2007 (State Vs. Satish Kumar and others) under section 498-A, 323, 504, 506 I. P. C. and 3/4 D. P. Act arising out of crime no. 527 of 2005, P. S. Vijay Nagar, Ghaziabad pending in the Court of Addl. Chief Judicial Magistrate, Court No. 2, Ghaziabad, as matrimonial dispute has been settled by the parties and with their consent, they have separated themselves and whole time maintenance also been paid to opposite party no. 2 Smt. Kavita in the proceeding under section 125 Cr. P. C.
(3.) OPPOSITE party no. 2 Smt. Kavita has filed counter affidavit in this proceeding. In para 9 of the counter affidavit, she has admitted that Rs. 70, 000/- have been paid to her by applicant no. 1 as one time maintenance allowance as well as streedhan. In para 12 of the counter affidavit, it is also admitted by Smt. Kavita that all the differences and disputes occurred between the couple have been settled by them and after compromise, she and her husband Satish Kumar are living separately and they are trying to give new shape to their bright future. In para 14 and 15 of the counter affidavit, it is further stated that in view of the compromise entered into between the parties, no useful purpose would be served to continue the criminal proceedings of case no. 950 of 2007 pending against the applicants in the court of Addl. Chief Judicial Magistrat Court No. 2, Ghaziabad. Since the parties have settled their matrimonial dispute amicably, hence this Court can quash the proceedings of aforesaid criminal case in its inherent jurisdiction under section 482 Cr. P. C. The Hon'ble Apex Court in the case of B. S. Joshi Vs. State of U. P (supra) has made the following observations in para 12 of the report at page 784:- "there is no doubt that the object of introducing Chapter XX-A containing section 498-A in the Indian Penal Code was to prevent the torture to a woman by her husband or by relatives of her husband. Section 498-A was added with a view to punishing a husband and his relatives who harass or torture the wife to coerce her or her relatives to satisfy unlawful demands of dowry. The hyper-technical view would be counter productive and would act against interests of women and against the object for which this provision was added. There is every likelihood that non-exercise of inherent power to quash the proceedings to meet the ends of justice would prevent women from settling earlier. That is not the object of Chapter XXA of Indian Penal Code. ";