No useful purpose would be served in keeping criminal proceedings: Allahabad High Court quashes non-compoundable case on basis of compromise

The Allahabad High Court recently quashed proceedings related to a non-compoundable offence on the basis of a compromise between two persons involved in a matrimonial dispute ( Smt. Pooja Mishra v. State of Uttar Pradesh & Anr ).

. A Single Judge Bench of Justice Ravi Nath Tilhari passed an order to this effect, given the facts surrounding the case.

. The Court was dealing with an application filed under Section 482 of the Code of Criminal Procedure (CrPC) seeking to quash criminal proceedings in a case where the settlement between the parties had already been verified and recorded by the lower court.

The applicant in this case was married to the son of the complainant. In 2016, the complainant filed an application under Section 156(3) CrPC (power to investigate cognizable offences), following which the police was directed to register a First Information Report (FIR).

. Simultaneously, another FIR was registered under Sections 498-A (cruelty to women), 323 (punishment for voluntarily causing hurt), 307 (attempt to murder), 504 (intentional insult with intent to provoke breach of the peace) and 506 (punishment for criminal intimidation) of the Indian Penal Code (IPC) and Section 3 and 4 of the Dowry Prohibition Act by the applicant against her husband and his family members.

. Thereafter, the applicant and the husband settled the dispute amicably. They proceeded to file for a case for the dissolution of their marriage through a decree of divorce by mutual consent under Section 13-B of the Hindu Marriage Act.

. The High Court was moved under Section 482, CrPC to quash the criminal proceedings filed by the applicant against her husband and his family.

. While allowing the application, Justice Tilhari noted that the parties had already settled the dispute, which has been duly verified by the lower court.

. After referring to a number of precedents on the issue, the Court went on to clarify that no useful purpose would be served in keeping the criminal proceedings.

The order states,

"Having regard to the factors that the dispute between the parties is predominantly a matrimonial dispute; the parties have amicably settled the dispute by entering into compromise settlement; the nature of the offence being personal; the FIR being counter blast to the FIR lodged by the applicant against the opposite party no.2 and his family members; the proceeding of criminal case filed by the applicant, having been quashed by this Court on the basis of the same compromise, and the possibility of conviction being remote and bleak; as well as considering the legal position as settled in the cases of....to the effect that the proceedings of even a non-compoundable offence can be quashed on the basis of compromise, such as matrimonial dispute in which type of cases the settlement is to be encouraged, this Court finds it a fit case to quash the proceedings of the criminal case alongwith the charge-sheet..."

. Therefore, the Court quashed the chargesheet and the FIR.

. Advocate Prashant Kumar Singh represented the applicant and Advocate L M Singh appeared for the opposite party.

. Read the order:

No useful purpose would be served in keeping criminal proceedings: Allahabad High Court quashes non-compoundable case on basis of compromise

Areeb Uddin Ahmed

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