Case Note & Summary
The petitioners, Sandip Sarjerao Sule (husband), Suman Sarjerao Sule (mother-in-law), and Sunita Prakash Kale (sister-in-law), filed a criminal writ petition before the Bombay High Court seeking quashing of FIR No. 1242/2018 registered at Hadapsar Police Station, Pune, for offences under Sections 498A, 323, 504 read with Section 34 of the Indian Penal Code. The FIR was lodged by respondent No. 2, Priyanka Sandip Sule (wife), due to marital discord. The parties had been married on 21st May 2010 and had a child aged 9 years. After the FIR, a charge-sheet was filed. Subsequently, the parties amicably settled their dispute and entered into consent terms. The petitioners, therefore, sought quashing of the FIR on the ground of settlement. The court, after hearing the parties and perusing the consent terms, noted that the dispute was personal in nature and the parties had resolved their differences. The court held that continuing the proceedings would be an abuse of the process of law and accordingly quashed the FIR and all consequential proceedings. The petition was allowed, and rule was made absolute.
Headnote
A) Criminal Law - Quashing of FIR - Settlement between parties - Sections 498A, 323, 504 r/w 34 IPC - Petitioners sought quashing of FIR on ground of amicable settlement with respondent No.2 - Court allowed quashing as parties had resolved their differences and entered into consent terms - Held that continuation of proceedings would be an abuse of process of law (Paras 3-6).
Issue of Consideration
Whether the FIR registered for offences under Sections 498A, 323, 504 r/w 34 of the Indian Penal Code can be quashed on the basis of an amicable settlement between the parties.
Final Decision
The petition is allowed. FIR bearing C.R. No. 1242/2018 registered with Hadapsar Police Station, Pune, for the alleged offences punishable under Sections 498A, 323, 504 r/w 34 of the Indian Penal Code and all consequential proceedings are quashed and set aside. Rule is made absolute.
Law Points
- Quashing of FIR
- Compounding of offences
- Settlement in matrimonial disputes
- Section 498A IPC
- Section 323 IPC
- Section 504 IPC
- Section 34 IPC
