JUDGMENT
P.K. Misra, J.
1. This is an application Under Section 482 of the Code of Criminal Procedure for quashing a proceeding in G.R.Case No. 324 of 1995 pending in the file of Sub-divisional Judicial Magistrate, Bolangir.
2. The main contention raised in this petition is that the allegations in the FIR do not make out a prima facie case. However, in view of the subsequent happy event, it is not necessary to consider as to whether the allegations in the FIR constituted an offence or not. During the pendency of this proceeding, the petitioner who is the husband and opp. party No. 1, his wife decided to give a fresh beginning to their conjugal life by forgetting the past dispute. A joint petition has been filed today supported by an affidavit by the petitioner and opp. party No. 1. Incidentally, both of them are highly educated persons and doctors. The petitioner is serving as a doctor under Railways at Kharagpur and the opp. party No. 1 is now posted at Machhkund under the State Government. The petitioner and opposite party No. 1 are present in Court today. After going through the joint petition filed by them and discussing the matter personally with them, I am convinced that both of them want to resume their conjugal life by forgetting the past dispute. In the joint petition filed today, it has been prayed that in view of the amicable settlement, the criminal case pending before the Sub-Divisional Judicial Magistrate, Bolangir, should be quashed. In the FIR it has been alleged that offences Under Sections 498A/506, IPC have been committed. Though the offence Under Section 506, IPC is compoundable, the offence Under Section 498A, IPC is not compoundable. However, even though, the offence Under Section 498A, IPC is not compoundable, since the husband and wife have amicably resolved their dispute, it would not be in the interest of justice to allow the criminal proceeding to continue, as continuance of such proceeding would be counter productive. Since the husband and wife want to live together, the proceeding pending before the Sub-Divisional Judicial Magistrate, Bolangir, should not come in their way of living together. It would not be in the interest of justice to allow such criminal proceeding to continue. It has been held in Crl. Misc. Case No. 4603 of 1997 (Raj Kishore Behera and Ors. v. State of Orissa and another), disposed of on 21.8.1998 that even if an offence Under Section 498A, IPC is not compoundable Under Section 320, Cr. P.C., in a fit case the High Court in exercise of power Under Section 482, Cr. P.C. can quash such a criminal proceeding. In the present case, the allegations relate to the alleged torture by the husband. Since the husband and wife want to live as married couple, it would be a travesty of justice to hold that the criminal proceeding should be continued merely because the offence Under Section 498A, IPC is not compoundable. Keeping in view this aspect, the joint petition filed today is accepted and on the basis of such petition, G.R. Case No. 324 of 1995 pending before the Sub-Divisional Judicial Magistrate, Bolangir, is quashed.
In course of hearing of this petition, it was submitted by the learned counsel for both the parties that since the wife is now posted at a far- off place like Machhkund, it may not be possible on her part or on the part of her husband to meet each other frequently keeping in view the long distance. The normal principle relating to posting of husband and wife at the same place is not available in this case as the husband is serving under Railways whereas the wife is serving under the State Government. However, this difficulty can be minimised by the State Government by adopting a humanitarian view. It is, therefore, observed that in case the wife, Dr. Sunita Senapati files a representation for transferring her, a sympathetic view should be taken and endeavour should be made to post her in a district headquarter hospital in places like, Bhubaneswar, Cuttack, or Balasore, so that it would be convenient for the husband and the wife to live together at least on their off days.
A copy of this order be handed over to the learned Addl. Standing Counsel appearing for the State for communication to the Secretary, Department of Health and Family Welfare, so that in case any representation is filed by the wife, the same can be properly considered.
The Crl. Misc. Case is disposed of.