Case Note & Summary
The applicant, Shankar Panditrao Tokalwad, the husband and original accused No.1, filed a criminal application under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) before the Bombay High Court, Aurangabad Bench. The application sought permission to compound the offence with respondent No.2, his wife and original complainant, and to quash the criminal proceedings in Criminal Appeal No. 28 of 2007 pending before the learned Additional Sessions Judge, Kandhar. The background of the case is that the wife had filed a complaint on 8 July 2005 alleging mental and physical cruelty, leading to the registration of Crime No. 68 of 2005 for offences punishable under Sections 498A and 504 read with 34 of the Indian Penal Code, 1860 (IPC). After investigation, a charge sheet was filed on 24 October 2007 before the Judicial Magistrate, First Class, Loha, resulting in Regular Criminal Case No. 143 of 2005. The trial court convicted and sentenced the applicant under Section 498A IPC. The applicant appealed against the conviction, and during the pendency of the appeal, the parties arrived at a compromise. The applicant then filed the present application to compound the offence and quash the appeal. The court heard the respective counsel and noted that the parties had settled the dispute amicably. The court allowed the application, granted permission to compound the offence, and quashed the criminal proceedings in Criminal Appeal No. 28 of 2007, thereby setting aside the order dated 21 July 2012 passed by the Additional Sessions Judge. The court also directed that the applicant be acquitted of the charges.
Headnote
A) Criminal Procedure Code - Compounding of Offences - Section 320 CrPC - Non-compoundable Offence - The court considered whether an offence under Section 498A IPC, which is not compoundable under Section 320 CrPC, can be compounded with the court's permission. The court allowed the parties to compound the offence and quashed the proceedings, relying on the inherent powers under Section 482 CrPC to secure the ends of justice, especially in matrimonial disputes where the parties have settled amicably. (Paras 1-3)
Issue of Consideration
Whether the High Court can permit compounding of an offence under Section 498A IPC (which is non-compoundable under Section 320 CrPC) and quash criminal proceedings based on a compromise between the husband and wife.
Final Decision
The court allowed the application, granted permission to compound the offence, and quashed Criminal Appeal No. 28 of 2007 pending before the Additional Sessions Judge, Kandhar, along with the order dated 21.7.2012. The applicant was acquitted of the charges.
Law Points
- Compounding of non-compoundable offences under Section 320 CrPC
- Inherent powers under Section 482 CrPC to quash proceedings to secure ends of justice
- Settlement between husband and wife in matrimonial disputes
Case Details
2012 LawText (BOM) (10) 30
Criminal Application No. 3629 of 2012
R.R. Shaikh for applicant, B.J. Sonawane for respondent no.1, H.I. Pathan for respondent no.2
Shankar Panditrao Tokalwad
The State of Maharashtra, Ranjana @ Soni w/o Shankar Tokalwad
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Nature of Litigation
Criminal application under Section 482 CrPC seeking permission to compound offence and quash criminal appeal pending before Additional Sessions Judge.
Remedy Sought
Applicant (husband) sought permission to compound the offence with respondent no.2 (wife) and to quash Criminal Appeal No. 28 of 2007 and the order dated 21.7.2012 passed therein.
Filing Reason
The parties had arrived at a compromise and wanted to settle the dispute amicably.
Previous Decisions
The trial court (Judicial Magistrate, First Class, Loha) convicted and sentenced the applicant under Section 498A IPC. The applicant appealed, and during the appeal, the parties compromised.
Issues
Whether the court can permit compounding of an offence under Section 498A IPC which is not compoundable under Section 320 CrPC.
Whether the criminal proceedings can be quashed under Section 482 CrPC based on compromise between husband and wife.
Submissions/Arguments
Applicant argued that the parties have settled the dispute and sought permission to compound the offence.
Respondent no.2 (wife) supported the compromise and had no objection to quashing of proceedings.
Ratio Decidendi
In matrimonial disputes, particularly under Section 498A IPC, where the parties have amicably settled their differences, the High Court can exercise its inherent powers under Section 482 CrPC to quash criminal proceedings to secure the ends of justice, even if the offence is not compoundable under Section 320 CrPC.
Judgment Excerpts
By the present application preferred by the applicant (husband) i.e. original accused no.1 against respondent no.2 (wife) i.e. original complainant under Section 482 of the Code of Criminal Procedure, the applicant prayed that permission be granted to the parties i.e. applicant and respondent no.2 to compound the matter and they be permitted to settle the dispute as per compromise i.e. Exh.11 in Criminal Appeal No. 28 of 2007 pending before the learned Additional Sessions Judge, Kandhar, and also prayed to quash and set aside the order, dated 21.7.2012 passed below Exh.11 in the said appeal by the learned Additional Sessions Judge, Kandhar, as well as prayed that criminal proceedings (Criminal Appeal No. 28 of 2007) pertaining to Crime No. 68 of 2005 for the offences punishable under Section 498A, 504 r/w 34 of the Indian Penal Code pending before the learned Additional Sessions Judge, Kandhar be quashed/disposed of in view of the compromise.
Procedural History
The wife filed a complaint on 8.7.2005 leading to Crime No. 68 of 2005. Charge sheet filed on 24.10.2007 before JMFC Loha, resulting in RCC No. 143 of 2005. Trial court convicted the applicant under Section 498A IPC. Applicant appealed (Criminal Appeal No. 28 of 2007) before Additional Sessions Judge, Kandhar. During appeal, parties compromised. Applicant filed Criminal Application No. 3629 of 2012 under Section 482 CrPC seeking permission to compound and quash the appeal.
Acts & Sections
- Code of Criminal Procedure, 1973: 482, 320
- Indian Penal Code, 1860: 498A, 504, 34
