Case Note & Summary
The judgment pertains to two criminal applications filed before the Bombay High Court, Nagpur Bench, seeking quashing of FIR No.47/2019 registered at Police Station Washim for offences under Sections 498-A, 306, 323, 504, and 506 of the Indian Penal Code. The FIR was lodged by the mother of the deceased, Neeta Abhishek Ghuge, who died by suicide. The applicants in Criminal Application (APL) No.846/2019 are Baburao Ghuge, Jayshree Ghuge, and Nitin Ghuge, who are relatives of the husband Abhishek Ghuge. The applicants in Criminal Application (APL) No.1168/2021 are Abhishek Ghuge (husband) and Chanda Sanap (mother of the deceased). The facts reveal that the deceased Neeta married Abhishek Ghuge, and after her suicide, the FIR was filed alleging cruelty and abetment. The Court noted that there were no specific allegations against the relatives in APL 846/2019, and they were only accused of supporting the husband. Subsequently, a compromise was reached between Abhishek Ghuge and Chanda Sanap, the mother of the deceased, who is also the complainant. The Court considered the legal issue of whether a non-compoundable offence can be quashed on the basis of a compromise. The Court held that since the dispute is essentially private in nature and the parties have settled, continuing the proceedings would be an abuse of the process of law. The Court also noted that the husband had no criminal antecedents. Accordingly, the Court quashed the FIR against all applicants in both applications, allowing the applications and making the rule absolute.
Headnote
A) Criminal Procedure Code - Quashing of FIR - Section 482 CrPC - Compromise in Non-Compoundable Offences - FIR under Sections 498-A, 306, 323, 504, 506 IPC - The Court considered whether the FIR can be quashed on the basis of a settlement between the husband and the mother of the deceased. Held that since the dispute is essentially private in nature and the parties have settled, continuation of proceedings would be an abuse of process of law. The Court quashed the FIR against all applicants. (Paras 2-10) B) Indian Penal Code - Abetment of Suicide - Section 306 IPC - Absence of Specific Allegations - The Court noted that there were no specific allegations against the relatives of the husband (applicants in APL 846/2019) regarding abetment of suicide. Held that mere general allegations of supporting the husband are insufficient to constitute abetment. (Paras 4-5) C) Indian Penal Code - Dowry Death - Section 498-A IPC - Compromise - The Court observed that the husband had no criminal antecedents and the mother of the deceased had settled the matter. Held that quashing of FIR is justified to secure the ends of justice. (Paras 6-10)
Issue of Consideration
Whether the FIR registered for offences under Sections 498-A, 306, 323, 504, and 506 of the Indian Penal Code can be quashed on the basis of a compromise between the husband and the mother of the deceased, and whether the relatives of the husband can be discharged in the absence of specific allegations.
Final Decision
The Court allowed both applications and quashed FIR No.47/2019 registered at Police Station Washim for offences under Sections 498-A, 306, 323, 504, and 506 IPC against all applicants. Rule made absolute.
Law Points
- Quashing of FIR
- Compromise in non-compoundable offences
- Section 482 CrPC
- Abetment of suicide
- Dowry death
- Settlement between parties
- No criminal antecedents
