- (1.) Invoking Section 482 of the Code of Criminal Procedure, the present petitioners, who happened to be the husband and relations of the husband have moved this Court for quashing of a charge-sheet under Sections 498A/406/34 of the Indian Penal Code on the ground that the matrimonial dispute between the husband and wife has been settled out of Court and they have been residing together.
(2.) Heard the learned advocates appearing on behalf of the parties. Perused the joint compromise petition as well as the materials on record. Both the husband and wife were personally present in Court.
(3.) The impugned charge-sheet arising out of a First Information Report lodged by the wife/opposite party following some matrimonial disputes. It is an admitted position that such matrimonial dispute has been resolved amicably out of Court by and between the parties. It is also an admitted position that the matrimonial suit for dissolution of marriage on mutual consent has been withdrawn and the wife is no longer desirous to proceed with the criminal case in question instituted by her. In such circumstances, there is no remote possibility of the criminal case in question to reach to its logical conclusion. Therefore, allowing this criminal proceeding to continue any further would amount to complete abuse of process of Court and ends of justice demands the same be quashed. Accordingly, this criminal revision is allowed and the impugned charge-sheet is quashed. The Criminal Revisional Application and the application being CRAN No. 170 of 2010 as well as CRAN No. 648 of 2010, thus, stand disposed of. Criminal Section is directed to deliver urgent Photostat certified copy of this Judgement to the parties, if applied for, as early as possible.;