Case Note & Summary
The applicants, including the husband Ashish Mali and his family members, filed an application under Sections 482 and 483 of the Code of Criminal Procedure, 1973 seeking quashing of FIR No. 78 of 2010 registered at Shahada police station for offences under Sections 498A, 323, 504, 506 read with 34 of the Indian Penal Code, 1860. The marriage between applicant no.1 Ashish and respondent no.2 Vandana took place on 20.4.2008. After marriage, the couple resided at Aurangabad and later at Palasare. Respondent no.2 lodged the FIR at Shahada police station alleging harassment and cruelty. The applicants contended that the FIR was lodged at a place where no part of the cause of action arose, as the alleged incidents occurred at Aurangabad and Palasare, which are outside the jurisdiction of Shahada police station. Additionally, the parties had amicably settled their disputes and respondent no.2 was residing with her husband. The court examined the territorial jurisdiction issue and found that the FIR was lodged at Shahada, which had no connection with the alleged offences. The court also noted that the parties had settled and the wife was living with her husband. Relying on the principle that continuation of proceedings would be an abuse of process, the court quashed the FIR and all consequential proceedings. The court allowed the application and disposed of both criminal applications.
Headnote
A) Criminal Procedure Code - Quashing of FIR - Section 482 CrPC - Settlement - The court considered whether an FIR registered for offences under Sections 498A, 323, 504, 506 IPC can be quashed when the parties have amicably settled the dispute. Held that since the parties have settled and the wife is residing with her husband, continuing proceedings would be an abuse of process of law. (Paras 1-10) B) Territorial Jurisdiction - Lack of Jurisdiction - Section 482 CrPC - The FIR was lodged at Shahada police station, but the alleged incidents occurred at Aurangabad and Palasare. Held that the police station at Shahada had no territorial jurisdiction to investigate the matter, and thus the FIR is liable to be quashed. (Paras 4-10)
Issue of Consideration
Whether the FIR and proceedings under Sections 498A, 323, 504, 506 r/w 34 IPC can be quashed on the ground of settlement between the parties and lack of territorial jurisdiction.
Final Decision
The court allowed the application and quashed FIR No. 78 of 2010 registered at Shahada police station and all consequential proceedings. Rule made absolute. Both criminal applications disposed of.
Law Points
- Quashing of FIR under Section 482 CrPC
- Settlement between parties
- Lack of territorial jurisdiction
- Compounding of non-compoundable offences
- Section 498A IPC
