Case Note & Summary
The judgment pertains to two criminal applications filed under Section 482 of the Code of Criminal Procedure, 1973, seeking quashing of FIR No. 123 of 2019 registered at Shivaji Nagar Police Station, Latur, for offences under Sections 498-A, 406, 323, 504, 506 of the Indian Penal Code, 1860 and Sections 3 and 4 of the Dowry Prohibition Act, 1961. The informant, Neha Suri, was married to Ashish Pande (applicant in Criminal Application No. 3781 of 2019). The other applicants in Criminal Application No. 2040 of 2019 are the parents and sister of Ashish Pande. The informant alleged that she was subjected to cruelty and demand for dowry. During the pendency of the applications, the parties amicably settled the dispute. The informant filed an affidavit stating that she has no objection to the quashing of the FIR. The court observed that the dispute is essentially private in nature and the chances of conviction are bleak. The court held that continuing the proceedings would be an abuse of the process of law. Accordingly, the court quashed the FIR and all consequential proceedings. The applications were allowed.
Headnote
A) Criminal Procedure Code - Quashing of FIR - Section 482 CrPC - Compromise in Non-Compoundable Offences - The court considered whether FIR can be quashed when parties have settled matrimonial dispute involving Sections 498-A, 406, 323, 504, 506 IPC and Sections 3, 4 Dowry Prohibition Act. Held that since the parties have amicably settled the dispute and the chances of conviction are bleak, continuation of proceedings would be an abuse of process of law. FIR quashed. (Paras 5-7)
B) Matrimonial Law - Dowry Harassment - Sections 498-A, 406 IPC - Settlement - The informant wife and husband (applicant) settled all disputes and decided to live separately. The court noted that the dispute is essentially private in nature and no public interest is involved. Held that quashing is justified to secure ends of justice. (Paras 5-7)
Issue of Consideration
Whether the FIR and criminal proceedings can be quashed under Section 482 of the Code of Criminal Procedure, 1973, when the parties have entered into a compromise in a matrimonial dispute involving offences under Sections 498-A, 406, 323, 504, 506 of the Indian Penal Code, 1860 and Sections 3 and 4 of the Dowry Prohibition Act, 1961.
Final Decision
The court allowed both criminal applications and quashed FIR No. 123 of 2019 registered at Shivaji Nagar Police Station, Latur, and all consequential proceedings. Rule made absolute.
Law Points
- Quashing of FIR
- Compromise in non-compoundable offences
- Section 482 CrPC
- Matrimonial dispute
- Dowry harassment
- Settlement
Case Details
2021 LawText (BOM) (02) 8
Criminal Application No. 2040 of 2019 with Criminal Application No. 3781 of 2019
T.V. Nalawade, M.G. Sewlikar
Mr. Prashant M. Nagargoje (for applicants), Mr. G.O. Wattamwar (APP for State), Mr. V.B. Patil (for respondent no.2)
Braj Bhushan Pande, Ranjana Kumari, Shruti Pande (Criminal Application No. 2040/2019); Ashish Pande (Criminal Application No. 3781/2019)
State of Maharashtra, Neha Suri
Subscribe to unlock Case Details (Citation, Judge, Date & more)
Subscribe Now
Nature of Litigation
Criminal applications under Section 482 CrPC for quashing of FIR and criminal proceedings arising from a matrimonial dispute involving allegations of dowry harassment and cruelty.
Remedy Sought
The applicants sought quashing of FIR No. 123 of 2019 registered at Shivaji Nagar Police Station, Latur, and all consequential proceedings.
Filing Reason
The informant (wife) filed a complaint against her husband and his family members alleging offences under Sections 498-A, 406, 323, 504, 506 IPC and Sections 3 and 4 of the Dowry Prohibition Act.
Issues
Whether the FIR and criminal proceedings can be quashed under Section 482 CrPC when the parties have entered into a compromise in a non-compoundable offence.
Submissions/Arguments
The applicants submitted that the parties have amicably settled the dispute and the informant has no objection to quashing.
The informant filed an affidavit stating that she has settled all disputes with the applicants and does not wish to pursue the case.
The State opposed the quashing on the ground that the offences are serious and not compoundable.
Ratio Decidendi
In matrimonial disputes where the parties have amicably settled their differences and the chances of conviction are bleak, continuing criminal proceedings would be an abuse of the process of law. The High Court can exercise its inherent powers under Section 482 CrPC to quash such proceedings to secure the ends of justice, even if the offences are not compoundable under Section 320 CrPC.
Judgment Excerpts
The informant has filed an affidavit stating that she has settled all the disputes with the applicants and she has no objection for quashing the FIR.
In the present case, the dispute is essentially private in nature and no public interest is involved. The chances of conviction are bleak. Hence, continuation of the proceedings would be an abuse of process of law.
In the result, both the applications are allowed. FIR No. 123 of 2019 registered with Shivaji Nagar Police Station, Latur and all consequential proceedings are quashed.
Procedural History
The informant filed a complaint leading to registration of FIR No. 123 of 2019 at Shivaji Nagar Police Station, Latur. The applicants filed Criminal Application No. 2040 of 2019 and Criminal Application No. 3781 of 2019 under Section 482 CrPC seeking quashing of the FIR. During pendency, the parties settled the dispute. The court heard both applications together and disposed them by common judgment on 02.02.2021.
Acts & Sections
- Code of Criminal Procedure, 1973: 482
- Indian Penal Code, 1860: 498-A, 406, 323, 504, 506
- Dowry Prohibition Act, 1961: 3, 4
