Case Note & Summary
The applicants, who are the husband (Rajesh Pundkar) and his relatives (accused Nos.1 to 6), filed an application under Section 482 of the Code of Criminal Procedure, 1973 seeking quashing of FIR No.62/2022 registered at Police Station Akot, District Akola for the offence punishable under Section 498 read with Section 34 of the Indian Penal Code. The FIR was lodged by the wife, Suchita Rajesh Pundkar, alleging cruelty. The applicants contended that the FIR was registered under Section 498 IPC (which pertains to enticing or taking away a married woman) and not Section 498-A IPC (cruelty by husband), and that the allegations did not disclose any offence. The court observed that there was a typographical error in the printed FIR, and the case diary clearly showed the offence under Section 498-A IPC. The court treated the FIR as under Section 498-A IPC. The parties had amicably settled the dispute, and the wife stated that she did not wish to pursue the complaint. The court held that since the dispute was matrimonial in nature and the parties had resolved their differences, continuing the criminal proceedings would be an abuse of the process of law. The court quashed the FIR and all consequential proceedings.
Headnote
A) Criminal Procedure Code - Quashing of FIR - Section 482 CrPC - Matrimonial Dispute - Settlement - The applicants, accused of cruelty under Section 498-A IPC, sought quashing of FIR on the ground of settlement with the complainant-wife. The court held that since the parties have amicably resolved their differences and the allegations are vague, continuing proceedings would be an abuse of process. The FIR was quashed. (Paras 1-8)
B) Indian Penal Code - Offence of Cruelty - Section 498-A IPC - Typographical Error - The FIR mentioned Section 498 IPC instead of Section 498-A IPC. The court noted that the case diary clearly showed the offence under Section 498-A IPC, and the mistake was typographical. The court treated the FIR as under Section 498-A IPC. (Paras 4-5)
Issue of Consideration
Whether the FIR registered under Section 498 IPC (which is a typographical error for Section 498-A IPC) should be quashed on the ground that the parties have amicably settled the dispute and the allegations do not disclose the ingredients of the offence.
Final Decision
The court quashed the First Information Report No.62/2022 registered at Police Station Akot, District Akola and all consequential proceedings arising therefrom.
Law Points
- Quashing of FIR
- Section 482 CrPC
- Matrimonial dispute
- Settlement
- Section 498-A IPC
- Section 498 IPC
- Typographical error
Case Details
2022 LawText (BOM) (06) 101
Criminal Application (APL) No.233 of 2022
Sunil B. Shukre, G.A. Sanap
Mr. A.B. Moon for applicants, Mr. I.J. Damle APP for respondent No.1/State, Ms Kirti Satpute for respondent No.2
Shri Rajesh s/o Himmat Pundkar and others
State of Maharashtra and Sau. Suchita w/o Rajesh Pundkar
Subscribe to unlock Case Details (Citation, Judge, Date & more)
Subscribe Now
Nature of Litigation
Criminal application under Section 482 CrPC for quashing of FIR
Remedy Sought
Quashing of FIR No.62/2022 registered at Police Station Akot for offence under Section 498 read with Section 34 IPC
Filing Reason
The applicants, accused of cruelty, contended that the FIR was registered under Section 498 IPC (not Section 498-A) and the allegations did not disclose the offence; also the parties had settled the dispute.
Issues
Whether the FIR registered under Section 498 IPC (typographical error for Section 498-A) should be quashed due to settlement between the parties and lack of ingredients of the offence.
Submissions/Arguments
Applicants argued that the FIR was registered under Section 498 IPC, which is not the offence of cruelty but enticing a married woman, and the allegations do not disclose such an offence.
Respondent/State submitted that there was a typographical error and the offence was actually under Section 498-A IPC, as reflected in the case diary.
Respondent No.2 (wife) stated that the matter was amicably settled and she had no objection to quashing of the FIR.
Ratio Decidendi
When the parties to a matrimonial dispute have amicably settled their differences and the allegations in the FIR are vague and do not clearly disclose the ingredients of the offence, continuing criminal proceedings would be an abuse of the process of law, warranting quashing under Section 482 CrPC.
Judgment Excerpts
The applicants who are accused Nos.1 to 6 in Crime No.62/2022 registered at Police Station Akot District Akola for the offence punishable under Section 498 read with Section 34 of the Indian Penal Code have approached this Court seeking quashing of the First Information Report.
We have gone through the printed First Information Report and as rightly submitted by learned APP, there appears to be a typographical error in registering the offence.
The mistake committed by the Investigating Officer shall be rectified by the Investigating Officer by making necessary correction in the First Information Report.
In the result, the application is allowed. The First Information Report No.62/2022 registered at Police Station Akot, District Akola and all consequential proceedings arising therefrom are quashed and set aside.
Procedural History
The applicants filed Criminal Application (APL) No.233 of 2022 under Section 482 CrPC before the Bombay High Court, Nagpur Bench, seeking quashing of FIR No.62/2022. The court heard the parties and passed the judgment on 08/06/2022.
Acts & Sections
- Indian Penal Code, 1860: Section 498, Section 498-A, Section 34
- Code of Criminal Procedure, 1973: Section 482
