Case Note & Summary
The applicants, who were the original accused in R.C.C. No. 12 of 2009 pending before the Judicial Magistrate, First Class, Nandurbar, filed an application under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) seeking quashing of the proceedings. The case arose from a private complaint filed by respondent no.2, Smt. Latika, the wife of applicant no.1, alleging offences under Section 498A of the Indian Penal Code, 1860 (IPC) (cruelty by husband or relatives). The complaint was initially filed as R.C.C. No. 306 of 2008 on 26.9.2008. The Magistrate directed an inquiry under Section 156(3) CrPC, after which the case was registered as a State case and numbered R.C.C. No. 12 of 2009. On 3.10.2009, the private complaint was merged into the State case. The applicants, including the husband and his relatives, approached the High Court contending that the parties had settled their disputes amicably and the complainant had no objection to the quashing of the proceedings. The court heard the learned counsel for the applicants, the learned APP for the State, and the learned counsel for respondent no.2. The court noted that the parties had indeed settled their differences and the complainant, who was present, expressed no objection to the quashing. The court observed that continuing the proceedings would be an abuse of the process of court and that quashing was necessary to secure the ends of justice. Accordingly, the court allowed the application, quashed R.C.C. No. 12 of 2009, and acquitted the applicants of the offence under Section 498A IPC.
Headnote
A) Criminal Procedure Code - Inherent Powers - Quashing of Proceedings - Section 482 CrPC - Matrimonial Dispute - Settlement - The applicants (original accused) sought quashing of R.C.C. No. 12 of 2009 under Section 498A IPC. The parties had settled their differences and the complainant (respondent no.2) expressed no objection to quashing. The court, exercising inherent powers under Section 482 CrPC, quashed the proceedings to secure the ends of justice, as continuation would be an abuse of process. (Paras 1-5)
B) Indian Penal Code - Matrimonial Cruelty - Section 498A IPC - Quashing on Settlement - The court held that where the parties have amicably settled their disputes and the complainant is not interested in prosecuting, the proceedings under Section 498A IPC can be quashed to prevent abuse of process. (Paras 4-5)
Issue of Consideration
Whether criminal proceedings under Section 498A IPC can be quashed under Section 482 CrPC when the parties have settled their disputes and the complainant has no objection.
Final Decision
The application is allowed. R.C.C. No. 12 of 2009 pending before the Judicial Magistrate, First Class, Nandurbar is quashed and set aside. The applicants are acquitted of the offence punishable under Section 498A of the Indian Penal Code.
Law Points
- Section 482 CrPC inherent powers
- quashing of criminal proceedings on settlement
- matrimonial disputes
- Section 498A IPC
Case Details
2012 LawText (BOM) (10) 31
Criminal Application No. 3686 of 2012
S.U. Chaudhari for applicants, D.V. Tele for respondent no.1, U.S. Patil for respondent no.2
Vishwanath s/o Dohanya Pawara and others
The State of Maharashtra and Sau. Latika w/o Vishwanath Pawara
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Nature of Litigation
Criminal application under Section 482 CrPC for quashing of proceedings under Section 498A IPC.
Remedy Sought
Applicants (original accused) sought quashing of R.C.C. No. 12 of 2009 and acquittal for offence under Section 498A IPC.
Filing Reason
The applicants alleged that the parties had settled their disputes and continuation of proceedings would be an abuse of process.
Previous Decisions
The private complaint (R.C.C. No. 306 of 2008) was filed on 26.9.2008; inquiry under Section 156(3) CrPC was directed; the case was registered as State case R.C.C. No. 12 of 2009; on 3.10.2009 the private complaint was merged into the State case.
Issues
Whether criminal proceedings under Section 498A IPC can be quashed under Section 482 CrPC when the parties have settled their disputes and the complainant has no objection.
Submissions/Arguments
Applicants submitted that the parties have amicably settled their disputes and the complainant has no objection to quashing.
Respondent no.2 (complainant) expressed no objection to the quashing.
State (respondent no.1) did not oppose the application.
Ratio Decidendi
Where the parties to a matrimonial dispute have settled their differences and the complainant has no objection to quashing, the High Court may exercise its inherent powers under Section 482 CrPC to quash criminal proceedings under Section 498A IPC to secure the ends of justice and prevent abuse of process.
Judgment Excerpts
Heard respective learned counsel for the parties.
By the present application filed by the applicants under Section 482 of the Code of Criminal Procedure, the applicants prayed that the proceeding bearing R.C.C. No. 12 of 2009 filed by respondent no.2 herein i.e. original complainant in the Court of Judicial Magistrate, First Class, Nandurbar under Section 498A of the Indian Penal Code be quashed and set aside and the applicants be acquitted for the offence punishable under Section 498A of the Indian Penal Code.
The applicants and respondent no.2 have settled their disputes and respondent no.2 has no objection for quashing of the proceeding.
In the circumstances, the application deserves to be allowed.
Procedural History
On 26.9.2008, respondent no.2 (complainant) filed a private complaint (R.C.C. No. 306 of 2008) under Section 498A IPC before the Judicial Magistrate, First Class, Nandurbar. The Magistrate directed inquiry under Section 156(3) CrPC. The case was registered as State case R.C.C. No. 12 of 2009. On 3.10.2009, the private complaint was merged into the State case. The applicants then filed Criminal Application No. 3686 of 2012 under Section 482 CrPC before the High Court seeking quashing. The High Court heard the matter on 17.10.2012 and allowed the application.
Acts & Sections
- Code of Criminal Procedure, 1973 (CrPC): 482, 156(3)
- Indian Penal Code, 1860 (IPC): 498A
