Case Note & Summary
The applicants, eight family members including the husband, filed an application under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) seeking quashing of Regular Criminal Case No.202/2010 pending before the Judicial Magistrate First Class, Sangrampur, arising out of Crime No.14/2010 registered at Tamgaon Police Station, Buldhana. The case was based on a complaint by Smt. Shabana Chhotushah, the wife of applicant no.1, alleging offences under Sections 498A, 506, 504 read with Section 34 of the Indian Penal Code, 1860 (IPC). The complainant alleged that after her marriage six years prior to the complaint, she was subjected to mental and physical cruelty by her husband and his relatives on account of insufficient dowry, and that they demanded Rs.35,000 and threatened her. She also alleged that about 23 days before the FIR, the accused came to her mother's house and threatened her to withdraw cases filed in Khamgaon Court. The applicants, however, contended that the matter had been amicably settled between the parties and that the complainant and her husband were now residing together. The Court, after hearing the parties and noting the settlement, observed that the dispute was essentially a matrimonial one and that the continuation of proceedings would be an abuse of the process of court. The Court allowed the application and quashed the criminal proceedings in the interest of justice.
Headnote
A) Criminal Procedure Code - Quashing of Proceedings - Section 482 CrPC - Compounding of Non-Compoundable Offences - Matrimonial dispute under Sections 498A, 506, 504 r/w 34 IPC - The applicants sought quashing of Regular Criminal Case No.202/2010 arising out of Crime No.14/2010 on the ground of settlement with the complainant - The Court, considering the settlement and the fact that the parties were residing together, quashed the proceedings in the interest of justice - Held that inherent powers under Section 482 CrPC can be invoked to quash proceedings to secure the ends of justice (Paras 1-5).
Issue of Consideration
Whether criminal proceedings under Sections 498A, 506, 504 r/w 34 IPC can be quashed under Section 482 CrPC on the basis of settlement between the parties.
Final Decision
The Court allowed the application and quashed the proceedings in Regular Criminal Case No.202/2010 arising out of Crime No.14/2010 registered by Police Station Tamgaon, Tah. Sangrampur, Dist. Buldhana.
Law Points
- Quashing of criminal proceedings under Section 482 CrPC
- Compounding of non-compoundable offences
- Settlement between parties
- Matrimonial disputes
