Case Note & Summary
The applicants, who are the husband and in-laws of respondent No. 2 (the wife), filed an application under Section 482 of the Code of Criminal Procedure, 1973 seeking quashing of FIR No. 101/2021 registered at Police Station Murum, District Osmanabad for offences under Sections 498-A, 323, 504, 506 read with 34 of the Indian Penal Code, 1860, and the consequent charge-sheet and proceedings in RCC No. 155/2021 pending before the Judicial Magistrate First Class, Omerga. The marriage between applicant No. 4 (husband) and respondent No. 2 took place on 13.12.2009, and they have two daughters. The wife alleged that from 2013 onwards, the applicants demanded money and subjected her to cruelty, including demands for Rs. 2 lakhs for purchasing a television and cot, insults for not giving birth to a male child, and physical and mental ill-treatment. She was driven out of the matrimonial home. On 09.05.2021, some applicants allegedly came to her parents' house demanding custody of the daughters. During the pendency of the application, the parties arrived at a compromise. The wife filed an affidavit stating that the matter was amicably settled and she had no objection to the quashing of the FIR. The court, considering the nature of the dispute as matrimonial and the fact that the parties had settled their differences, held that continuing the proceedings would be an abuse of the process of law. The court allowed the application and quashed the FIR, charge-sheet, and all proceedings.
Headnote
A) Criminal Procedure Code - Quashing of FIR - Section 482 CrPC - Compromise in Non-Compoundable Offences - Matrimonial dispute where parties settled differences and wife expressed no objection to quashing - Held that continuation of proceedings would be an abuse of process of law, hence FIR and charge-sheet quashed (Paras 1-6).
Issue of Consideration
Whether the FIR and subsequent proceedings under Sections 498-A, 323, 504, 506 read with 34 IPC can be quashed under Section 482 CrPC on the basis of a compromise between the parties.
Final Decision
The application is allowed. FIR No. 101/2021 registered with Police Station Murum, Taluka Omerga, District Osmanabad, charge-sheet No. 69/2021, and proceedings in RCC No. 155/2021 pending before the Judicial Magistrate First Class, Omerga, are quashed and set aside.
Law Points
- Quashing of FIR under Section 482 CrPC
- Compromise in non-compoundable offences
- Matrimonial disputes
- Section 498-A IPC
- Section 323 IPC
- Section 504 IPC
- Section 506 IPC
