MANU/SC/0239/2013

True Court CopyTM EnglishOLR ILR-Ker UC

IN THE SUPREME COURT OF INDIA

Criminal Appeal No. 447 of 2013 (Arising out of SLP (Crl.) No. 6462 of 2012)

Decided On: 15.03.2013

Appellants: Jitendra Raghuvanshi and Ors. Vs. Respondent: Babita Raghuvanshi and Ors.

Hon'ble Judges/Coram:
P. Sathasivam, J.S. Khehar and Kurian Joseph

JUDGMENT

P. Sathasivam, J.

1. Leave granted.

2. 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 non-compoundable offences relating to matrimonial disputes.

3. 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 M.CR.C. 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 pending in the Court of Judicial Magistrate Class I, Indore.

4. Brief facts:

a) The marriage of Jitendra Raghuvanshi (Appellant No. 1 herein) and Babita Raghuvanshi, Respondent-wife, was solemnized on 22.02.2002 as per Hindu rites and rituals. 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. 172 of 2003 was registered at P.S. Sarni, Dist. Baitul for the offences punishable Under Sections 498A, 406 read with Section 34 of the Indian Penal Code, 1860 (in short 'the Indian Penal Code') 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. A Criminal Case being No. 4166 of 2011 was also registered against the Appellants herein for the offences punishable Under Sections 498A and 406 of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act, 1961.

b) 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 to the same, on 03.04.2012, a compromise/settlement application was filed for dropping of the criminal proceedings in Criminal Case No. 4166 of 2011 and FIR No. 172 of 2003 dated 05.03.2003 before the trial Court. Respondent-wife also filed an affidavit stating that she did not wish to pursue the criminal proceedings against the Appellants. However, by order dated 03.04.2012, learned trial Judge re........