Case Note & Summary
The applicants, who were accused nos. 2 to 14 in FIR C.R. No. I/220/2019 registered at M.I.D.C. Police Station, Jalgaon, filed an application under Section 482 of the Code of Criminal Procedure, 1973 seeking quashing of the FIR. The FIR was registered for offences punishable under Sections 498-A, 323, 504, 506 read with Section 34 of the Indian Penal Code, 1860. The dispute arose out of a matrimonial discord between the informant, Tabassum Bi, and her husband, Danish Fakir (accused no.1). The applicants are relatives of the husband. During the pendency of the application, the informant and her husband settled their disputes and started residing together. The informant appeared before the court and stated that she had no objection to the quashing of the FIR. The court, considering the settlement and the fact that the informant did not wish to prosecute, held that continuation of the criminal proceedings would be an abuse of the process of law. The court allowed the application and quashed the FIR and all subsequent proceedings arising therefrom. The court also directed that the applicants be released from bail bonds.
Headnote
A) Criminal Procedure Code - Quashing of FIR - Section 482 CrPC - Matrimonial Dispute - Settlement - The applicants (accused) sought quashing of FIR registered for offences under Sections 498-A, 323, 504, 506 read with Section 34 IPC. The informant (wife) and her husband (accused no.1) had settled their disputes and were residing together. The informant stated she had no objection to quashing. The court held that since the parties have amicably resolved the dispute and the informant does not wish to prosecute, continuing the proceedings would be an abuse of process of law. The FIR and subsequent proceedings were quashed. (Paras 1-5)
Issue of Consideration
Whether the FIR registered under Sections 498-A, 323, 504, 506 read with Section 34 of IPC can be quashed under Section 482 of CrPC on the basis of settlement between the parties.
Final Decision
The application is allowed. FIR C.R. No. I/220/2019 registered with M.I.D.C. Police Station, Jalgaon and all subsequent proceedings are quashed. The applicants are released from bail bonds.
Law Points
- Quashing of FIR under Section 482 CrPC
- Matrimonial dispute settlement
- Abuse of process of law
- Compromise in non-compoundable offences
Case Details
2020 LawText (BOM) (11) 6
Criminal Application No. 128 of 2020
T.V. Nalawade, Shrikant D. Kulkarni
Mr Naseem R. Shaikh for Applicants, Mr R.D. Sanap for Respondent No. 1, Mr R.D. Thorat and Mr A.N. Walujkar for Respondent No. 2
Rahim S/o Karim Shah/Fakir & Ors.
State of Maharashtra & Anr.
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Nature of Litigation
Criminal application under Section 482 CrPC for quashing of FIR
Remedy Sought
Quashing of FIR C.R. No. I/220/2019 registered with M.I.D.C. Police Station, Jalgaon for offences under Sections 498-A, 323, 504, 506 read with Section 34 IPC
Filing Reason
The applicants, being relatives of the husband, were implicated in a matrimonial dispute. The parties have since settled the dispute and the informant has no objection to quashing.
Issues
Whether the FIR can be quashed under Section 482 CrPC on the basis of settlement between the parties in a matrimonial dispute involving non-compoundable offences.
Submissions/Arguments
The informant and her husband have settled their disputes and are residing together. The informant has no objection to quashing the FIR.
The applicants submitted that continuation of proceedings would be an abuse of process of law.
Ratio Decidendi
When the parties in a matrimonial dispute have amicably settled their differences and the informant (wife) has no objection to quashing, continuing criminal proceedings would be an abuse of the process of law, and the FIR can be quashed under Section 482 CrPC even if the offences are non-compoundable.
Judgment Excerpts
The informant Tabassum Bi is present before the Court. She has stated that she has settled the dispute with her husband and she is residing with him. She has no objection for quashing of the FIR.
Considering the nature of the dispute and the fact that the informant has no objection for quashing of the FIR, we deem it appropriate to quash the FIR.
Procedural History
The applicants filed Criminal Application No. 128 of 2020 under Section 482 CrPC before the High Court of Judicature at Bombay, Bench at Aurangabad, seeking quashing of FIR C.R. No. I/220/2019. The matter was taken up for final disposal at admission stage with consent of parties. The court heard the parties and passed the judgment on 2nd November 2020.
Acts & Sections
- Code of Criminal Procedure, 1973 (CrPC): 482
- Indian Penal Code, 1860 (IPC): 498-A, 323, 504, 506, 34
