Full Judgment
M.Cr.C.No.9882/2013 25.09.2013 Shri Rajnish Pandey, counsel for the applicant.
The respondent Nos.1, 2 and 4 to 10 are present in person.
The applicant Kamla Bai is also present in person, who is duly identified by her counsel.
Her presence is marked.
Heard the learned counsel for the parties.
This is a petition under Section 482 of Cr.P.C.filed by the applicant Kamla Bai for quashing the proceedings pending before the J.M.F.C.Betul in Criminal Complaint Case No.5878/2006.
Facts of the case in short are that, the applicant has prosecuted a criminal complaint against the respondents for various offences punishable under Sections 420, 467, 474 and 120-B of IPC.
On 25.6.2013, the parties have placed a compromise application before the trial Court, which was dismissed.
The case is listed for the defence evidence at present.
Learned counsel for the applicant has submitted that a compromise took place between the parties and therefore, the applicant does not want to prosecute the present complaint against the respondents.
However, the offence punishable under Section 420 of IPC was only compoundable, whereas remaining offences are not compoundable.
Since it is a case of warrant trial therefore, she was not permitted to withdraw the complaint.
Under such circumstances, where a compromise took place between the parties therefore, looking to their future peaceful relations, it would be proper that the complaint may be quashed.
The applicant Kamla Bai has submitted before the Court that she is satisfied with the compromise and she has no grievance with the respondents.
Though, the major charges are not compoundable but looking to the compromise took place between the parties, it would be unnecessary that the respondents may be prosecuted with the complaint, where the complainant is willing to take her complaint back.
Looking to their future relations, it is a fit case in which the inherent powers under Section 482 of Cr.P.C.may be invoked.
Consequently, the petition under Section 482 of Cr.P.C.filed by the applicant/complaint can be accepted and hence, it is hereby allowed.
The entire proceedings of Complaint Case No.5878/2013 pending before the J.M.F.C.Betul is hereby quashed.
The trial Court is directed to drop the proceeding of the aforesaid case.
The attention of J.M.F.C.Betul is invited to the fact that if any compromise application is filed and if some offences are compoundable then, the compromise should be accepted for the compoundable offences unless there is some reasonable ground given not to accept the same.
If the learned J.M.F.C.refused to take the compromise application for the offence punishable under Section 420 of IPC then, such order appears to be illegal and beyond jurisdiction so that he should be cautious in future.
Copy of the order be sent to the trial Court for information.
(N.K.GUPTA) JUDGE pnkj