Case Note & Summary
The case arises from a matrimonial dispute. The marriage between deceased Yusuf Ramjan Laluwale and respondent No.2 Malanbee took place on 14.5.1999. The applicants are relatives of the deceased husband: applicant No.1 Babu is brother-in-law, applicant No.2 Ramjan is father-in-law, applicant No.3 Shabanabano is wife of applicant No.1, and applicant No.4 Fatobee is mother-in-law of respondent No.2. A complaint was lodged by respondent No.2 with Hingoli Rural police station alleging cruelty and harassment by the applicants and her deceased husband. Consequently, an offence under Sections 498A, 323, 506 read with 34 IPC was registered. The learned JMFC Court No.2, Hingoli, convicted the applicants and the deceased husband for the offence under Section 498A read with 34 IPC and sentenced them to suffer simple imprisonment for one year and a fine of Rs.4000 each, with default stipulation, by judgment and order dated 10.4.2008 in RCC No.78 of 2004. The applicants and the deceased husband appealed against the conviction and sentence by filing Criminal Appeal No.17 of 2008 before the learned Additional Sessions Judge, Hingoli. However, the appeal was dismissed by the learned Adhoc Additional Sessions Judge, Hingoli, by judgment and order dated 21.7.2012. During the pendency of the appeal, the husband of respondent No.2, Yusuf, expired. Aggrieved by the conviction and its confirmation, the applicants filed the present criminal revision application before the High Court. During the proceedings, the parties arrived at a compromise. The complainant, respondent No.2, filed an affidavit stating that she had settled the matter with the applicants and had no objection if the conviction and sentence were set aside. The High Court considered the compromise and the fact that the complainant was no longer interested in prosecuting the case. The court noted that the offence under Section 498A IPC is not compoundable under Section 320 CrPC, but the High Court can exercise its inherent powers under Section 482 CrPC to quash proceedings to secure the ends of justice. The court held that continuing the proceedings would be futile and that the compromise served the ends of justice. Accordingly, the court allowed the revision application, set aside the conviction and sentence, and acquitted the applicants. The court also directed that the fine amount, if paid, be refunded to the applicants.
Headnote
A) Criminal Law - Cruelty by Husband or Relatives - Section 498A IPC - Compromise - The applicants were convicted under Section 498A r/w 34 IPC and sentenced to one year SI and fine. During revision, the complainant and applicants entered into a compromise and the complainant expressed no objection to setting aside the conviction. The High Court, in exercise of its inherent powers under Section 482 CrPC, accepted the compromise and set aside the conviction and sentence, holding that continuation of proceedings would be futile and that the compromise served the ends of justice. (Paras 8-10) B) Criminal Procedure Code - Inherent Powers of High Court - Section 482 CrPC - Quashing of Non-Compoundable Offences - The High Court held that even though Section 498A IPC is not compoundable under Section 320 CrPC, the High Court can, in exercise of its inherent powers under Section 482 CrPC, quash proceedings or set aside conviction to secure the ends of justice, especially when the parties have settled their disputes and the complainant is no longer interested in prosecuting the case. (Paras 8-10)
Issue of Consideration
Whether the conviction and sentence of the applicants under Section 498-A read with Section 34 of IPC can be set aside in a criminal revision application in light of the compromise and settlement between the parties, and whether the High Court can accept such compromise in a non-compoundable offence.
Final Decision
The High Court allowed the criminal revision application, set aside the conviction and sentence of the applicants, and acquitted them. The fine amount, if paid, was ordered to be refunded.
Law Points
- Compromise in non-compoundable offences under Section 498A IPC can be accepted by High Court in exercise of inherent powers under Section 482 CrPC to secure ends of justice
- Compromise between husband and wife and relatives leads to quashing of conviction and sentence
- Section 498A IPC is not compoundable under Section 320 CrPC but High Court can quash proceedings to prevent abuse of process
