Case Note & Summary
The petitioners, who are the husband, mother-in-law, and sister-in-law of the respondent No. 2 (the complainant), filed a criminal writ petition seeking quashing of FIR No. 1242/2018 registered at Hadapsar Police Station, Pune, for offences under Sections 498A, 323, 504 read with 34 of the Indian Penal Code. The marriage between petitioner No. 1 and respondent No. 2 took place on 21st May 2010, and they have a child aged 9 years. Due to marital discord, the respondent No. 2 lodged the FIR. After investigation, a charge-sheet was filed. Subsequently, the parties amicably settled their dispute and entered into consent terms. The court, after hearing the parties and perusing the consent terms, noted that the dispute was matrimonial in nature and that the parties had resolved their differences. The court held that continuing the criminal proceedings would be an abuse of the process of court and that quashing the FIR would secure the ends of justice. Accordingly, the court allowed the petition, quashed the FIR and all consequential proceedings, and disposed of the petition. Rule was made absolute.
Headnote
A) Criminal Procedure Code - Quashing of FIR - Settlement between parties - Sections 482, 320 CrPC - Matrimonial dispute - FIR under Sections 498A, 323, 504 r/w 34 IPC - Parties amicably settled dispute and entered into consent terms - Court quashed FIR and criminal proceedings to secure ends of justice - Held that where parties have settled their differences, continuation of proceedings would be an abuse of process of court (Paras 3-6).
Issue of Consideration
Whether the FIR and criminal proceedings can be quashed on the basis of an amicable settlement between the parties in a matrimonial dispute involving non-compoundable offences.
Final Decision
The court allowed the petition, quashed FIR No. 1242/2018 registered with Hadapsar Police Station, Pune, and all consequential proceedings. Rule was made absolute.
Law Points
- Quashing of FIR
- Compounding of non-compoundable offences
- Settlement in matrimonial disputes
- Section 482 CrPC
- Section 320 CrPC
Case Details
2022 LawText (BOM) (09) 98
Criminal Writ Petition No. 3236 of 2022
Revati Mohite Dere, Prithviraj K. Chavan
Datta Mane for the Petitioners, J. P. Yagnik for the Respondent No.1-State, Akash Yadav for the Respondent No. 2
Sandip Sarjerao Sule, Suman Sarjerao Sule, Sunita Prakash Kale
The State of Maharashtra, Priyanka Sandip Sule
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Nature of Litigation
Criminal writ petition seeking quashing of FIR and criminal proceedings in a matrimonial dispute.
Remedy Sought
Quashing of FIR No. 1242/2018 and all consequential proceedings.
Filing Reason
The petitioners and respondent No. 2 have amicably settled their dispute and entered into consent terms.
Previous Decisions
Charge-sheet was filed after investigation; matter was pending before the trial court.
Issues
Whether the FIR and criminal proceedings can be quashed on the basis of an amicable settlement between the parties in a matrimonial dispute involving non-compoundable offences.
Submissions/Arguments
Petitioners argued that the parties have amicably settled their dispute and have entered into consent terms.
Respondent No. 2 (complainant) did not oppose the quashing and confirmed the settlement.
State submitted that the matter is a matrimonial dispute and left it to the court's discretion.
Ratio Decidendi
In matrimonial disputes, where the parties have amicably settled their differences and the complainant does not wish to pursue the case, continuing criminal proceedings would be an abuse of the process of court. Quashing the FIR and proceedings is necessary to secure the ends of justice, even if the offences are non-compoundable under Section 320 CrPC.
Judgment Excerpts
By this petition, the petitioners seek quashing of the FIR bearing C.R. No. 1242/2018 registered with the Hadapsar Police Station, Pune, for the alleged offences punishable under Sections 498A, 323, 504 r/w 34 of the Indian Penal Code (`IPC’). Quashing is sought on the premise, that the petitioners and the respondent No. 2 have amicably settled their dispute and have entered into consent terms.
Perused the papers. The petitioner No. 1 is the husband of respondent No.2 and petitioner Nos. 2 and 3 are the mother and sister-in-law respectively of the respondent No. 2.
Procedural History
FIR No. 1242/2018 was registered at Hadapsar Police Station, Pune, for offences under Sections 498A, 323, 504 r/w 34 IPC. After investigation, charge-sheet was filed. The petitioners filed Criminal Writ Petition No. 3236 of 2022 before the Bombay High Court seeking quashing of the FIR and proceedings. The court heard the parties and passed the order on 23rd September 2022.
Acts & Sections
- Indian Penal Code, 1860 (IPC): 498A, 323, 504, 34
- Code of Criminal Procedure, 1973 (CrPC): 482, 320
