Whether high court can quash prosecution under S 498A of IPC if there is compromise beween husband and wife?
Section 498-A of the Indian Penal Code is non-compoundable. Section 4 of the Dowry Act is also non-compoundable. It is not necessary to state that non-compoundable offences cannot be compounded by a Court. While considering the request for compounding of offences the Court has to strictly follow the mandate of Section 320 of the Code. It is, therefore, not possible to permit compounding of offences Under Section 498-A of the Indian Penal Code and Section 4 of the Dowry Act. However, if there is a genuine compromise between husband and wife, criminal complaints arising out of matrimonial discord can be quashed, even if the offences alleged therein are non-compoundable, because such offences are personal in nature and do not have repercussions on the society unlike heinous offences like murder, rape etc. (See Gian Singh v. State of Punjab MANU/SC/0781/2012 : (2012) 10 SCC 303). If the High Court forms an opinion that it is necessary to quash the proceedings to prevent abuse of the process of any court or to secure ends of justice, the High Court can do so. The inherent power of the High Court Under Section 482 of the Code is not inhibited by Section 320 of the Code. Needless to say that this Court can also follow such a course.
IN THE SUPREME COURT OF INDIA
Criminal Appeal No. 1498 of 2014 (Arising out of Special Leave Petition (Crl.) No. 8795 of 2012)
Decided On: 21.07.2014
Appellants: Manohar Singh
Vs.
Respondent: State of Madhya Pradesh
Vs.
Respondent: State of Madhya Pradesh
Hon'ble Judges/Coram:Ranjana Prakash Desai and N.V. Ramana, JJ.
