Case Note & Summary
The applicants, Muniroddin S/o. Mainoddin Shaikh, Shaikh Mainoddin S/o. Shaikh Jamaloddin, and Sharifabi W/o. Mainoddin Shaikh, filed a criminal application under Section 482 of the Code of Criminal Procedure, 1973 before the Bombay High Court, Bench at Aurangabad. They sought quashing of R.C.C. No. 984 of 2018 pending before the Judicial Magistrate (First Class) Court No. 11, Aurangabad, arising out of C.R. No. 238 of 2017 registered with Jinsi Police Station, Aurangabad, for offences punishable under Sections 498-A, 323, 504, 506 read with 34 of the Indian Penal Code, 1860. The first applicant is the husband of respondent No. 2, Nusrat Jahan @ Guddi, and the other two applicants are his parents. The dispute originated from a matrimonial discord between the husband and wife. During the pendency of the proceedings, the parties arrived at an amicable settlement. The wife, respondent No. 2, filed an affidavit stating that she had no objection to the quashing of the proceedings. The Court, after hearing the parties and considering the Supreme Court's recent ruling in Pradnya Pranjal Kulkarni v. State of Maharashtra (2025), which held that in matrimonial disputes, even non-compoundable offences can be quashed under Section 482 CrPC if the settlement is genuine and voluntary, allowed the application. The Court quashed the proceedings of R.C.C. No. 984 of 2018 and the FIR No. 238 of 2017, thereby granting the relief sought by the applicants.
Headnote
A) Criminal Procedure Code - Quashing of FIR - Section 482 CrPC - Matrimonial Settlement - The applicants sought quashing of R.C.C. No. 984 of 2018 arising from FIR No. 238 of 2017 for offences under Sections 498-A, 323, 504, 506 r/w 34 IPC. The Court, following the Supreme Court's ruling in Pradnya Pranjal Kulkarni v. State of Maharashtra (2025), allowed the application and quashed the proceedings, noting that the parties had amicably settled the dispute and the wife had no objection. (Paras 1-5) B) Indian Penal Code - Offences under Sections 498-A, 323, 504, 506 - Compounding - The Court held that in matrimonial disputes, even non-compoundable offences can be quashed under Section 482 CrPC if the settlement is genuine and voluntary, and the chances of conviction are bleak. (Paras 4-5)
Issue of Consideration
Whether criminal proceedings under Sections 498-A, 323, 504, 506 read with 34 of the Indian Penal Code, 1860 can be quashed on the basis of a settlement between the husband and wife.
Final Decision
The application is allowed. The proceedings of R.C.C. No. 984 of 2018 pending before the Judicial Magistrate (First Class) Court No. 11, Aurangabad, and the FIR No. 238 of 2017 registered with Jinsi Police Station, Aurangabad, are quashed and set aside.
Law Points
- Quashing of criminal proceedings
- Compounding of non-compoundable offences
- Section 498-A IPC
- Section 323 IPC
- Section 504 IPC
- Section 506 IPC
- Section 482 CrPC
- Settlement between parties
- Matrimonial disputes
