Case Note & Summary
The petitioners, who are the husband and his relatives, filed a criminal writ petition under Article 227 of the Constitution read with Section 482 of the Code of Criminal Procedure, 1973, seeking quashing of FIR No. 594/2020 registered at Pathardi Police Station, District Ahmednagar, for offences under Sections 498A, 313, 323, 504, 506 read with 34 of the Indian Penal Code, 1860, and the consequent charge-sheet leading to R.C.C. No. 349/2022 pending before the Judicial Magistrate First Class, Pathardi. The marriage between petitioner no. 6 (husband) and respondent no. 2 (informant wife) was solemnized on 19.11.2017. After the marriage, the wife alleged that she was treated well for only five to six days, after which her matrimonial family demanded Rs. 7 lakhs from her parents for securing a job for her husband. The wife filed the FIR alleging cruelty and demand of dowry. Subsequently, the parties amicably settled their disputes through mediation, and the wife expressed no objection to the quashing of the FIR. The court considered the submissions of the petitioners' counsel, the Additional Public Prosecutor for the State, and the counsel for respondent no. 2. The court noted that the dispute is essentially matrimonial in nature and the parties have settled their differences. The court held that since the wife has no objection and the settlement is genuine, continuing the criminal proceedings would be an abuse of the process of law. Therefore, the court allowed the petition and quashed the FIR and charge-sheet.
Headnote
A) Criminal Procedure Code - Quashing of FIR - Section 482 CrPC - Compromise in Matrimonial Disputes - The petitioners sought quashing of FIR for offences under Sections 498A, 313, 323, 504, 506 r/w 34 IPC on the ground of amicable settlement between the husband (petitioner no. 6) and the wife (respondent no. 2). The Court held that since the parties have settled the dispute and the wife has no objection to quashing, the FIR and charge-sheet deserve to be quashed to secure the ends of justice. (Paras 1-6) B) Indian Penal Code - Matrimonial Cruelty - Sections 498A, 313, 323, 504, 506 r/w 34 IPC - Settlement - The informant wife alleged cruelty and demand of dowry. After mediation, the parties settled their differences and the wife consented to quashing. The Court, exercising inherent powers under Section 482 CrPC, quashed the FIR and charge-sheet, noting that continuation of proceedings would be an abuse of process of law. (Paras 2-6)
Issue of Consideration
Whether the FIR and charge-sheet for offences under Sections 498A, 313, 323, 504, 506 r/w 34 IPC can be quashed under Section 482 CrPC on the basis of a compromise between the parties.
Final Decision
The petition is allowed. FIR vide Crime No. 594/2020 registered at Pathardi Police Station, Dist. Ahmednagar for offences under Sections 498A, 313, 323, 504, 506 r/w 34 of the Indian Penal Code and the Charge-sheet No. 280/2022 culminating into R.C.C. No. 349/2022 pending before the learned Judicial Magistrate First Class, Pathardi are quashed and set aside.
Law Points
- Quashing of FIR
- Section 482 CrPC
- Compromise in matrimonial disputes
- Non-compoundable offences
- Settlement between husband and wife
