2008 (5) TMI 742 - SC - Indian Laws

Summary

Issues involved: Appeal against judgment and order of High Court in Criminal Misc. Case, conviction under Section 498A IPC, rejection of compromise petition by First Appellate Court, filing of petitions under Section 482 Cr.P.C. before High Court for quashing proceedings.

Judgment Summary:

Issue 1: Appeal against High Court judgment
The appeal was directed against the judgment and order of the High Court of Madhya Pradesh in Criminal Misc. Case Nos. 5070, 5071, and 5072 of 2005. The appellant and respondent, both medical doctors, were married but faced marital discord leading to legal actions including a divorce petition and criminal complaints.

Issue 2: Conviction under Section 498A IPC
The Judicial Magistrate convicted the appellants under Section 498A IPC, sentencing them to imprisonment and a fine. The First Appellate Court rejected a compromise petition, stating that the offense under Section 498A IPC is not liable for compromise.

Issue 3: Filing of petitions under Section 482 Cr.P.C. before High Court
The appellants filed petitions under Section 482 Cr.P.C. before the High Court seeking to quash the proceedings pending in the court of Second Additional District & Sessions Judge, Gwalior. The High Court declined to interfere, leading to the appeal before the Supreme Court.

In the final judgment, the Supreme Court noted that the parties had settled their differences, with the complainant expressing disinterest in prosecuting the appellants. Considering the parties' backgrounds and the health conditions of the appellant's parents, the Court found that continuing the criminal proceedings would be an abuse of the process of law. Utilizing its power under Article 142 of the Constitution, the Court quashed the criminal proceedings against the appellants arising from the FIR lodged under Section 498A IPC, thereby disposing of the appeal.