Case Note & Summary
The applicants, who are the husband, father-in-law and mother-in-law of respondent no. 2 (the informant), filed a criminal application under Section 482 of the Code of Criminal Procedure, 1973 seeking quashing of FIR No. 381/2020 registered at Vajirabad Police Station, Nanded for offences under Sections 498A, 323, 504 read with Section 34 of the Indian Penal Code, 1860, and the consequent R.C.C. No. 298/2022 pending before the Chief Judicial Magistrate, Nanded. The marriage between applicant no. 1 and respondent no. 2 was solemnized on 28.02.2017 at Aurangabad, and they have a son named Ayansh. The FIR alleged dowry demands and harassment by the applicants. The applicants contended that they live in a joint family, and after the marriage, the couple went to Mauritius for honeymoon. On 28.03.2018, respondent no. 2 left the matrimonial home without consent, and on 18.11.2018, she gave birth to a son. The applicants tried to settle the matter. During the pendency of the application, the parties entered into a compromise and also obtained a decree of divorce by mutual consent. The court considered the nature of the dispute, which is essentially private and matrimonial, and held that since the parties have settled their differences, continuing the criminal proceedings would be an abuse of the process of the court. Accordingly, the court allowed the application and quashed the FIR and all consequential proceedings.
Headnote
A) Criminal Procedure Code - Quashing of FIR - Section 482 CrPC - Compromise in Non-Compoundable Offences - Matrimonial dispute where husband, father-in-law and mother-in-law sought quashing of FIR for offences under Sections 498A, 323, 504 r/w 34 IPC - Parties entered into compromise and divorce by mutual consent - Held that since the dispute is essentially private and matrimonial, and the parties have settled, continuation of proceedings would be an abuse of process of court, hence FIR quashed (Paras 1-5).
Issue of Consideration
Whether the FIR and consequent proceedings under Sections 498A, 323, 504 r/w 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. 381/2020 registered at Vajirabad Police Station, Nanded for offences under Sections 498A, 323, 504 r/w 34 IPC and the consequent R.C.C. No. 298/2022 pending before the Chief Judicial Magistrate, Nanded are quashed and set aside.
Law Points
- Quashing of FIR under Section 482 CrPC
- Compromise in non-compoundable offences
- Matrimonial disputes
- Section 498A IPC
- Section 323 IPC
- Section 504 IPC
Case Details
2022 LawText (BOM) (10) 27
Criminal Application No. 2386 of 2020
Smt. Vibha Kankanwadi, Rajesh S. Patil
Mr. N. K. Tungar h/f Mr. S. G. Jahagirdar for the applicants, Mr. A. M. Phule APP for respondent No. 1/State, Mr. V. C. Patil for respondent No. 2
Yash s/o Rajesh Maheshwari, Rajeshkumar s/o Jagdishprasad Maheshwari, Rajni Rajesh Maheshwari
The State of Maharashtra, Priyanka w/o Yash Maheshwari
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Nature of Litigation
Criminal application under Section 482 CrPC for quashing of FIR and consequential proceedings in a matrimonial dispute involving allegations of dowry harassment, assault, and criminal intimidation.
Remedy Sought
The applicants (husband, father-in-law, mother-in-law) sought quashing of FIR No. 381/2020 and R.C.C. No. 298/2022 pending before the Chief Judicial Magistrate, Nanded.
Filing Reason
The FIR was lodged by respondent no. 2 (wife) alleging dowry demands, harassment, and physical abuse by the applicants.
Issues
Whether the FIR and consequent proceedings can be quashed under Section 482 CrPC on the basis of a compromise between the parties in a non-compoundable offence.
Submissions/Arguments
The applicants submitted that they live in a joint family, and after marriage, the couple went to Mauritius for honeymoon. The wife left the matrimonial home without consent on 28.03.2018 and later gave birth to a son. The parties have now settled their disputes and obtained a divorce by mutual consent.
The respondent no. 2 (wife) did not oppose the quashing application as the matter was compromised.
Ratio Decidendi
In matrimonial disputes where the parties have genuinely settled their differences and obtained a divorce by mutual consent, continuing criminal proceedings would be an abuse of the process of the court. Hence, the High Court can exercise its inherent power under Section 482 CrPC to quash the FIR and consequential proceedings even if the offences are non-compoundable.
Judgment Excerpts
By the present application filed under Section 482 of the Code of Criminal Procedure, the applicants are praying for quashing and setting aside of the F.I.R. bearing No. 381/2020 registered at Vajirabad Police Station, Nanded for the offences punishable under Sections 498A, 323, 504 r/w 34 of the Indian Penal Code and the consequent R.C.C. No. 298/2022 pending before learned Chief Judicial Magistrate, Nanded.
Procedural History
The FIR was registered on the complaint of respondent no. 2. The applicants filed Criminal Application No. 2386 of 2020 under Section 482 CrPC seeking quashing. During pendency, the parties compromised and obtained a divorce by mutual consent. The court heard the application and passed the judgment on 03.10.2022.
Acts & Sections
- Code of Criminal Procedure, 1973: 482
- Indian Penal Code, 1860: 498A, 323, 504, 34
