Case Note & Summary
The petitioners, Manglam Roongta and others, filed a Criminal Writ Petition under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973, seeking quashing of First Information Report No. 0108 of 2019 registered with Kopar Khairane Police Station, Navi Mumbai, for offences punishable under Sections 498A, 406 read with 34 of the Indian Penal Code, 1860. The FIR was lodged by respondent No.2, the wife of one of the petitioners, alleging cruelty and criminal breach of trust in a matrimonial dispute. During the pendency of the petition, the parties amicably settled their dispute and filed consent terms before the Principal Judge, Family Court, Central District, Tis Hazari Courts, Delhi, in HMA Petition No. 82 of 2019. The respondent No.2 also filed an affidavit dated 18th March, 2020, stating that she had voluntarily settled the matter and had no objection to the quashing of the FIR. The Court, after perusing the pleadings, consent terms, and the affidavit, found that the settlement was genuine and voluntary. The Court noted that the dispute was essentially personal in nature and that the continuation of criminal proceedings would be an abuse of the process of law. Accordingly, the Court allowed the petition and quashed the FIR and all proceedings arising therefrom. The Court also made the rule absolute and disposed of the petition.
Headnote
A) Criminal Law - Quashing of FIR - Amicable Settlement - Matrimonial Dispute - Indian Penal Code, 1860, Sections 498A, 406 r/w 34 - Code of Criminal Procedure, 1973, Section 482 - The petitioners sought quashing of FIR registered for matrimonial offences. The parties had amicably settled their dispute and filed consent terms before the Family Court. The respondent No.2 (complainant) filed an affidavit confirming the settlement and no objection to quashing. The Court, considering the settlement and the fact that the dispute was personal in nature, quashed the FIR to secure the ends of justice. (Paras 1-10)
Issue of Consideration
Whether the FIR registered for offences under Sections 498A, 406 r/w 34 IPC can be quashed on the basis of amicable settlement between the parties?
Final Decision
The Court allowed the petition and quashed FIR No. 0108 of 2019 registered with Kopar Khairane Police Station, Navi Mumbai, and all proceedings arising therefrom. Rule made absolute.
Law Points
- amicable settlement
- quashing of FIR
- matrimonial dispute
- consent terms
- Section 482 CrPC
- Article 226 Constitution
Case Details
2020 LawText (BOM) (03) 66
Criminal Writ Petition No. 6445 of 2019
S.P. Rajepandhare i/b. Purna C. Patnaik for Petitioners, F.R. Shaikh, APP for Respondent No.1-State, Jyotiram S. Yadav for Respondent No.2
State of Maharashtra & Anr.
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Nature of Litigation
Criminal writ petition seeking quashing of FIR for matrimonial offences under Sections 498A, 406 r/w 34 IPC.
Remedy Sought
Petitioners sought quashing of FIR No. 0108 of 2019 and all proceedings arising therefrom.
Filing Reason
The FIR was registered based on a complaint by respondent No.2 alleging cruelty and criminal breach of trust in a matrimonial dispute.
Previous Decisions
The parties had filed consent terms before the Principal Judge, Family Court, Central District, Tis Hazari Courts, Delhi in HMA Petition No. 82 of 2019.
Issues
Whether the FIR can be quashed on the basis of amicable settlement between the parties?
Submissions/Arguments
The petitioners and respondent No.2 jointly submitted that the dispute has been amicably settled and consent terms have been filed before the Family Court. Respondent No.2 filed an affidavit confirming the settlement and no objection to quashing.
Ratio Decidendi
When the parties to a matrimonial dispute have amicably settled their differences and the complainant has no objection to the quashing of the FIR, the High Court may exercise its inherent powers under Section 482 CrPC to quash the FIR to secure the ends of justice, especially when the dispute is personal in nature and the chances of conviction are bleak.
Judgment Excerpts
The learned Counsel appearing for the petitioners and respondent No.2 jointly submit that the parties have amicably settled their dispute and to that effect the consent terms have already been filed in the Court of Principal Judge Family Court, Central District, Tis Hazari Courts, Delhi.
We have carefully perused the pleadings and grounds taken in the petition, annexures thereto and the terms of the settlement arrived at between the parties before the Court of Principal Judge Family Court, Central District, Tis Hazari Courts, Delhi in HMA Petition No. 82 of 2019.
Procedural History
The FIR was registered on 3rd April, 2019. The petitioners filed Criminal Writ Petition No. 6445 of 2019 before the Bombay High Court seeking quashing. During the pendency, the parties settled the dispute and filed consent terms before the Family Court, Delhi. Respondent No.2 filed an affidavit on 18th March, 2020 confirming the settlement. The petition was heard and disposed of on the same day.
Acts & Sections
- Indian Penal Code, 1860: 498A, 406, 34
- Code of Criminal Procedure, 1973: 482
- Constitution of India: 226
