Case Note & Summary
The petitioner, Mohammad Rafique Ansar Shaikh, filed a Criminal Writ Petition before the Bombay High Court seeking quashing of FIR No. 82 of 2002 registered at Shahu Nagar Police Station, Mumbai, for offences under Sections 498-A and 406 read with Section 34 of the Indian Penal Code. The FIR was lodged by the petitioner's wife, Respondent No. 2, alleging harassment and ill-treatment by the petitioner and his relatives after their marriage on 14 February 2000. During the pendency of the petition, the parties amicably settled their dispute. The petitioner and respondent No. 2 were blessed with four children and were residing together happily. The charge sheet had been filed against the parents and relatives of the petitioner, but they were acquitted by the learned Additional Chief Metropolitan Magistrate, 9th Court, Bandra, on 30 August 2005. The petitioner was shown as an absconding accused. The learned counsel for both parties jointly submitted that no purpose would be served by continuing the prosecution given the settlement. Respondent No. 2 filed a consent affidavit dated 14 October 2022 stating she had no objection to the quashing of the FIR. The Court, after hearing the parties and perusing the record, held that the dispute was purely domestic and had been amicably settled. The Court exercised its inherent powers under Section 482 of the Code of Criminal Procedure, 1973, to quash the FIR and all consequential proceedings to secure the ends of justice. The petition was allowed, and the rule was made absolute.
Headnote
A) Criminal Procedure Code - Quashing of FIR - Settlement between parties - Matrimonial dispute - The petitioner husband sought quashing of FIR under Sections 498-A, 406 r/w 34 IPC on the ground that the parties had amicably settled their dispute and were residing together happily with four children - The Court, considering the settlement and the fact that the complainant wife had no objection, quashed the FIR to secure the ends of justice - Held that no purpose would be served by keeping the prosecution alive (Paras 3-7).
Issue of Consideration
Whether FIR registered for offences under Sections 498-A and 406 IPC can be quashed on the basis of amicable settlement between the husband and wife who are residing together happily.
Final Decision
The petition is allowed. FIR No. 82 of 2002 registered with Shahu Nagar Police Station, Mumbai, and all consequential proceedings are quashed. Rule is made absolute.
Law Points
- Quashing of FIR on settlement
- Matrimonial dispute
- Compounding of non-compoundable offences
- Section 482 CrPC
- Section 320 CrPC
Case Details
2023 LawText (BOM) (01) 124
Criminal Writ Petition No. 5417 of 2019
NITIN W SAMBRE, R. N. LADDHA
Mr M. Imran Farooqui for the petitioner, Smt. G P Mulekar, APP for the State, Ms. Neelam Ghorpade for respondent No.2
Mohammad Rafique Ansar Shaikh
The State of Maharashtra (Through Shahu Nagar Police Station) and Mumtazunnisa Mohammed Rafiqu Shaikh
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Nature of Litigation
Criminal writ petition seeking quashing of FIR registered for matrimonial offences.
Remedy Sought
Quashing of FIR No. 82 of 2002 and all consequential proceedings.
Filing Reason
The petitioner husband sought quashing of FIR on the ground that the parties had amicably settled their dispute and were residing together happily.
Previous Decisions
The parents and relatives of the petitioner were acquitted by the learned Additional Chief Metropolitan Magistrate, 9th Court, Bandra, on 30 August 2005. The petitioner was shown as an absconding accused.
Issues
Whether FIR under Sections 498-A and 406 IPC can be quashed on the basis of settlement between husband and wife who are residing together happily.
Submissions/Arguments
The petitioner and respondent No. 2 jointly submitted that the dispute has been amicably settled and they are residing together happily with four children.
Respondent No. 2 filed a consent affidavit stating no objection to quashing of FIR.
No purpose would be served by keeping the prosecution alive.
Ratio Decidendi
When the parties to a matrimonial dispute have amicably settled their differences and are residing together happily, continuing criminal proceedings would be an abuse of the process of court. The inherent powers under Section 482 CrPC can be invoked to quash the FIR to secure the ends of justice.
Judgment Excerpts
By this petition, the petitioner seeks to quash FIR No.82 of 2002 lodged with Shahu Nagar Police Station, Mumbai, at the instance of Respondent No.2/original Complainant for the alleged offences punishable under Sections 498-A, 406 r/w 34 of the Indian Penal Code.
They, in unison, submitted that after the registration of the impugned FIR, Petitioner and Respondent No.2 were blessed with four children and are residing together happily.
Considering the aforesaid, we are of the opinion that no purpose would be served by keeping the prosecution alive, given the settlement between the parties.
Procedural History
FIR No. 82 of 2002 was registered at Shahu Nagar Police Station. Charge sheet was filed against parents and relatives of petitioner, who were acquitted on 30 August 2005. Petitioner was shown as absconding accused. Petitioner filed Criminal Writ Petition No. 5417 of 2019 seeking quashing of FIR. The petition was heard and allowed on 18 January 2023.
Acts & Sections
- Indian Penal Code, 1860: 498-A, 406, 34
- Code of Criminal Procedure, 1973: 482
