Allahabad High Court: Dr Kaushal Jayendra Thaker, J., addressed a matter with regard to the settlement of divorce proceedings.
Parties in the present petition have deposed before the Court below that they have entered into a compromise.
Hence, in view of the above, the petition is taken for final disposal.
It has been observed that certain offences were non-compoundable and they were within the power of Magistrate to compound namely under Sections 498-A of Penal Code, 1860 and 3/4 of the Dowry Prohibition Act.
Section 498A: Husband or relative of husband of a woman subjecting her to cruelty.—Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine
Further, it was noted that both the parties, i.e. the husband and wife and other family members settled the matter and decided to leave in peace after taking divorce.
The Court was of the view that the settlement between the parties should be accepted and the offence compounded. The decision of the Supreme Court in Bitan Sengupta v. State of W.B., (2018) 18 SCC 366 was referred.
Therefore, proceedings were quashed and settlement was recorded under Section 482 CrPC. In Supreme Court’s decision in B.S. Joshi v. State of Haryana, (2003) 4 SCC 675, it was observed that in matrimonial offences, it becomes the duty of the Court to encourage genuine settlement of matrimonial disputes.
Bench exercising its powers under Section 482 read with 397 of CrPC, 1973 permitted the parties to leave in peace.
Nothing in this Code shall be deemed to limit or affect the inherent powers of the High Court to make such orders as may be necessary to give effect to any order under this Code, or to prevent abuse of the process of any Court or otherwise to secure the ends of justice.
(1) The High Court or any Sessions Judge may call for and examine the record of any proceeding before any inferior Criminal Court situate within its or his local jurisdiction for the purpose of satisfying itself or himself as to the correctness, legality or propriety of any finding, sentence or order, recorded or passed, and as to the regularity of any proceedings of such inferior Court, and may, when calling for such record, direct that the execution of any sentence or order be suspended, and if the accused is in confinement, that he be released on bail or on his own bond pending the examination of the record.
Explanation.—All Magistrates, whether Executive or Judicial, and whether exercising original or appellate jurisdiction, shall be deemed to be inferior to the Sessions Judge for the purposes of this sub-section and of Section 398.
(2) The powers of revision conferred by sub-section (1) shall not be exercised in relation to any interlocutory order passed in any appeal, inquiry, trial or other proceedings.
(3) If an application under this section has been made by any person either to the High Court or to the Sessions Judge, no further application by the same person shall be entertained by the other of them.
Court quashed the proceedings under Section 397 CrPC and allowed the petition.
The petitioner’s counsel pointed the orders passed by the Court below and hence the bench defied the proceedings if not yet defied. [Deena Nath v. State of U.P., 2020 SCC OnLine All 1057, decided on 23-09-2020]