Case Note & Summary
The applicants (husband and his relatives) filed a criminal application under Section 482 CrPC before the Bombay High Court, Nagpur Bench, challenging criminal cases pending against them in the trial court. The cases arose from a complaint filed by respondent No.2 (wife) under Section 498-A of the Indian Penal Code (cruelty by husband or relatives). During the pendency of the application, the parties filed a joint affidavit stating that they had settled the dispute and were no longer willing to prosecute each other. The wife appeared before the court and confirmed the correctness of the affidavit, stating she did not wish to continue the prosecution. The marriage had already been dissolved by mutual consent by a competent Family Court. The court, relying on the Supreme Court decision in B.S. Joshi v. State of Haryana (AIR 2003 SC 1386), held that this was a fit case to exercise inherent powers under Section 482 CrPC to quash the proceedings. The court allowed the application, made the rule absolute in terms of prayer clauses (A) and (B), and ordered no costs.
Headnote
A) Criminal Procedure Code - Quashing of Proceedings - Inherent Powers - Section 482 CrPC - Matrimonial Dispute - Parties settled dispute and marriage dissolved by mutual consent - Wife stated she was not willing to prosecute complaint under Section 498-A IPC - Court quashed proceedings relying on B.S. Joshi v. State of Haryana - Held that inherent powers can be exercised to quash proceedings in matrimonial cases where settlement is genuine and parties want to buy peace (Paras 2-4).
Issue of Consideration
Whether criminal proceedings under Section 498-A IPC can be quashed on the basis of a settlement between the parties, especially after dissolution of marriage by mutual consent.
Final Decision
Criminal Application allowed. Rule made absolute in terms of prayer clauses (A) and (B). No order as to costs.
Law Points
- Inherent powers under Section 482 CrPC can be exercised to quash criminal proceedings in matrimonial disputes where parties have settled and marriage is dissolved by mutual consent
- following B.S. Joshi v. State of Haryana
Case Details
2010 LawText (BOM) (01) 108
Criminal Application No.3597/2009
Shri R.M. Daga for applicants, Shri A.S. Sonare APP for respondent No.1, Shri R.S. Renu for respondent No.2
Vincent s/o Anil Thorat, Anil s/o Jaywant Thorat, Jivan s/o Anil Thorat, Mrs. Lusi w/o Anil Thorat
The State of Maharashtra, Bhavna w/o Vincent Thorat
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Nature of Litigation
Criminal application under Section 482 CrPC for quashing of criminal cases pending in trial court under Section 498-A IPC.
Remedy Sought
Applicants sought quashing of criminal cases mentioned in prayer clauses (A) and (B) of the application.
Filing Reason
Challenge to criminal cases pending between the parties in the trial court.
Previous Decisions
Marriage dissolved by mutual consent by competent Family Court; joint affidavit filed by parties stating settlement.
Issues
Whether criminal proceedings under Section 498-A IPC can be quashed on the basis of a settlement between the parties, especially after dissolution of marriage by mutual consent.
Submissions/Arguments
Joint affidavit by parties stating settlement and no willingness to prosecute; wife confirmed before court; APP had no objection.
Ratio Decidendi
Inherent powers under Section 482 CrPC can be exercised to quash criminal proceedings in matrimonial disputes where parties have genuinely settled the dispute and the marriage has been dissolved by mutual consent, as held in B.S. Joshi v. State of Haryana.
Judgment Excerpts
In the light of the decision of the Supreme Court in the case of B.S. Joshi and others...Versus...State of Haryana and another, reported at AIR 2003 Supreme Court 1386 I find that this is a fit case where power to quash the proceedings under the inherent powers should be exercised.
Procedural History
Criminal Application No.3597/2009 filed before Bombay High Court, Nagpur Bench challenging criminal cases pending in trial court. During pendency, joint affidavit filed by parties stating settlement. Court heard parties and passed order on 04.01.2010.
Acts & Sections
- Indian Penal Code, 1860 (IPC): 498-A
- Code of Criminal Procedure, 1973 (CrPC): 482
