Case Note & Summary
The applicant, Supriya Raju @ Rajkumar Biradar, filed an application under Section 482 of the Code of Criminal Procedure, 1973, seeking quashing of Regular Criminal Case No.64/2020 arising out of FIR No.62/2020 registered at Police Station Markhel, Tq. Degloor, Dist. Nanded, for offences punishable under Sections 498-A, 323, 504, 506 of the Indian Penal Code, 1860, and Sections 3 and 4 of the Dowry Prohibition Act, 1961. The FIR was lodged by respondent no.2, Sheetal w/o Vaibhav Dhumale, alleging dowry harassment and cruelty. During the pendency of the application, the parties amicably settled their disputes. The complainant, respondent no.2, appeared before the Court and stated that she had no objection to the quashing of the FIR and criminal proceedings. The Court, considering the settlement and the fact that the complainant was no longer interested in prosecuting the case, held that continuing the proceedings would be an abuse of the process of law. Accordingly, the Court allowed the application and quashed the FIR and all consequential proceedings. The Court did not impose any costs.
Headnote
A) Criminal Procedure Code - Quashing of FIR - Section 482 CrPC - Inherent Powers - Settlement - The High Court quashed Regular Criminal Case No.64/2020 arising from FIR No.62/2020 registered at Police Station Markhel, Dist. Nanded, for offences under Sections 498-A, 323, 504, 506 IPC and Sections 3 and 4 of Dowry Prohibition Act, 1961, on the ground that the parties had amicably settled the dispute and the complainant (respondent no.2) had no objection to the quashing. The Court held that continuation of proceedings would be an abuse of process of law. (Paras 1-5)
Issue of Consideration
Whether the FIR and criminal proceedings can be quashed under Section 482 CrPC when the parties have amicably settled the dispute and the complainant is no longer interested in prosecuting the case.
Final Decision
The application is allowed. Regular Criminal Case No.64/2020 arising out of FIR No.62/2020 registered at Police Station Markhel, Tq. Degloor, Dist. Nanded, for offences punishable under Sections 498-A, 323, 504, 506 of the Indian Penal Code, 1860 and Sections 3 and 4 of the Dowry Prohibition Act, 1961, is quashed and set aside. All consequential proceedings stand quashed. No order as to costs.
Law Points
- Quashing of criminal proceedings under Section 482 CrPC
- Compounding of non-compoundable offences
- Settlement between parties
- Inherent powers of High Court
- Dowry harassment
- Matrimonial disputes
Case Details
2021 LawText (BOM) (03) 24
Criminal Application No.1434 of 2020
Ravindra V. Ghuge, B.U. Debadwar
Vivek V. Bhavthankar for applicant; K.S. Patil, APP for respondent No.1-State; U.B. Deshmukh for respondent No.2
Supriya Raju @ Rajkumar Biradar
The State of Maharashtra and Sheetal w/o Vaibhav Dhumale
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Nature of Litigation
Criminal application under Section 482 CrPC for quashing of FIR and criminal proceedings.
Remedy Sought
Quashing of Regular Criminal Case No.64/2020 arising out of FIR No.62/2020 registered at Police Station Markhel, Dist. Nanded.
Filing Reason
The applicant sought quashing on the ground that the parties had amicably settled the dispute and the complainant was no longer interested in prosecuting the case.
Issues
Whether the FIR and criminal proceedings can be quashed under Section 482 CrPC when the parties have amicably settled the dispute and the complainant is no longer interested in prosecuting the case.
Submissions/Arguments
The applicant submitted that the parties have amicably settled the dispute and the complainant has no objection to the quashing of the FIR.
The complainant (respondent no.2) appeared and stated that she has no objection to the quashing of the FIR and criminal proceedings.
The State (respondent no.1) did not oppose the application.
Ratio Decidendi
When the parties to a matrimonial dispute have amicably settled their differences and the complainant is no longer interested in prosecuting the case, continuing criminal proceedings would be an abuse of the process of law. The High Court, in exercise of its inherent powers under Section 482 CrPC, can quash such proceedings to secure the ends of justice.
Judgment Excerpts
The applicant and respondent no.2 have amicably settled the dispute. Respondent no.2 is present before this Court and she has no objection for quashing the FIR and criminal proceedings.
In view of the settlement, continuation of the criminal proceedings would be an abuse of process of law.
Hence, the application is allowed.
Procedural History
The applicant filed Criminal Application No.1434 of 2020 under Section 482 CrPC before the Bombay High Court, Bench at Aurangabad, seeking quashing of Regular Criminal Case No.64/2020 arising from FIR No.62/2020 registered at Police Station Markhel, Dist. Nanded. The application was heard on 18th March 2021, and the Court allowed the quashing.
Acts & Sections
- Code of Criminal Procedure, 1973: Section 482
- Indian Penal Code, 1860: Section 498-A, 323, 504, 506
- Dowry Prohibition Act, 1961: Section 3, 4
