Pursuant to the same, on 03.04.2012, a companypromise settlement application was filed for dropping of the criminal proceedings in Criminal Case No.
2877 of 2012, whereby the High Court dismissed the petition filed by the appellants herein under Section 482 of the Code for quashing of proceedings in Criminal Case No.
4166 of 2011 was also registered against the appellants herein for the offences punishable under Sections 498A and 406 of the IPC and Sections 3 and 4 of the Dowry Prohibition Act, 1961.
The High Court, by impugned order dated 04.07.2012, dismissed the application filed by the appellants herein stating that the companyrt has numberpower to quash the criminal proceedings in respect of offences under Sections 498A and 406 of IPC since both are number compoundable.
This appeal is directed against the final judgment and order dated 04.07.2012 passed by the High Court of Madhya Pradesh, Bench at Indore in CR.C. No.
Brief facts The marriage of Jitendra Raghuvanshi Appellant No.
Baitul for the offences punishable under Sections 498A, 406 read with Section 34 of the Indian Penal Code, 1860 in short the IPC at the instance of Babita Raghuvanshi respondent wife owing to the harassment and torture meted out to her in the matrimonial home by her husband and his relatives.
2 and Mr. Rahul, learned companynsel for Respondent No.1.
172 of 2003 was registered at P.S. Sarni, Dist.
Heard Ms. Preetika Dwivedi, learned companynsel for the appellants and Mr. S.K. Dubey, learned senior companynsel for Respondent No.
172 of 2003 dated 05.03.2003 before the trial Court.
However, by order dated 03.04.2012, learned trial Judge rejected the said application.
Respondent wife also filed an affidavit stating that she did number wish to pursue the criminal proceedings against the appellants.
After the marriage, the parties were residing together as husband and wife at District Baitul, M.P. On 05.03.2003, an FIR being No.
1 herein and Babita Raghuvanshi, respondent wife, was solemnized on 22.02.2002 as per Hindu rites and rituals.
Aggrieved by the said order, the appellants have filed the present appeal by way of special leave.
4166 of 2011 and FIR No.
The important question that falls for determination in the instant appeal is about the ambit and scope of the inherent powers of the High Courts under Section 482 of the Code of Criminal Procedure, 1973 in short the Code in quashing of the criminal proceedings in number compoundable offences relating to matrimonial disputes.
Being aggrieved by the order dated 03.04.2012, on 09.04.2012, the appellants herein filed an application being M.CR.C. No.
Sathasivam,J. Leave granted.
A Criminal Case being No.
During the pendency of the criminal proceedings, in the year 2012, with the help and intervention of family members, friends and well wishers, the parties amicably settled their differences by way of mutual settlement.
Pursuant thereto, the appellants filed the said companypromise before the trial Court with a request to place the same on record and to drop the criminal proceedings against the appellants herein.
4166 of 2011 pending in the Court of Judicial Magistrate Class I, Indore.
