Case Note & Summary
The applicants, who were the original accused in a criminal case, filed an application under Section 482 of the Code of Criminal Procedure, 1973, seeking quashing of the FIR and criminal proceedings arising out of a matrimonial dispute. The complainant, Savita w/o Govind Karad, had lodged a complaint against her husband and his relatives alleging offences under Section 498-A of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act, 1961. The parties subsequently resolved their differences amicably and entered into a settlement. The complainant appeared before the court and stated that she had no objection to the quashing of the proceedings. The court, considering the nature of the dispute as primarily matrimonial and the fact that the parties had settled, held that continuing the proceedings would be an abuse of the process of law. The court exercised its inherent powers under Section 482 CrPC and quashed the FIR and all consequential proceedings. The judgment was delivered by Justice K.K. Sonawane on 3rd April 2019.
Headnote
A) Criminal Procedure Code - Quashing of FIR - Section 482 CrPC - Inherent Powers - Settlement - Matrimonial dispute under Section 498-A IPC and Sections 3/4 of Dowry Prohibition Act - Complainant and accused settled dispute amicably - Held that continuation of proceedings would be abuse of process of law - FIR and proceedings quashed (Paras 1-6).
Issue of Consideration
Whether criminal proceedings under Section 498A IPC and Sections 3/4 of Dowry Prohibition Act can be quashed under Section 482 CrPC when the parties have amicably settled the dispute.
Final Decision
The court allowed the application and quashed the FIR and all consequential proceedings arising out of the matrimonial dispute.
Law Points
- Section 482 CrPC inherent powers
- quashing of criminal proceedings
- settlement between parties
- matrimonial disputes
- Section 498A IPC
- Dowry Prohibition Act
Case Details
2019 LawText (BOM) (04) 46
Criminal Application No. 3305 of 2018
Mr. H. K. Munde for Applicants, Mr. Sandeep D. Munde for Respondent No.1, Mr. K. N. Lokhande, APP for Respondent No.2
Govind s/o. Tukaram Karad and others
Savita w/o. Govind Karad and The State of Maharashtra
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Nature of Litigation
Criminal application under Section 482 CrPC for quashing of FIR and criminal proceedings in a matrimonial dispute.
Remedy Sought
Applicants (original accused) sought quashing of order dated 23-10-2018 passed by Additional Sessions Judge, Ambejogai and all consequential proceedings.
Filing Reason
The applicants were accused in a case under Section 498-A IPC and Sections 3/4 of Dowry Prohibition Act, and the parties had amicably settled the dispute.
Previous Decisions
The Additional Sessions Judge, Ambejogai had passed an order on 23-10-2018 which was challenged.
Issues
Whether criminal proceedings under Section 498A IPC and Sections 3/4 of Dowry Prohibition Act can be quashed under Section 482 CrPC when the parties have amicably settled the dispute.
Submissions/Arguments
Applicants argued that the parties have amicably settled the dispute and the complainant has no objection to quashing.
Respondent No.1 (complainant) confirmed the settlement and had no objection.
Respondent No.2 (State) left the matter to the court's discretion.
Ratio Decidendi
In matrimonial disputes, when parties have amicably settled their differences, continuation of criminal proceedings would be an abuse of the process of law, and the High Court can exercise its inherent powers under Section 482 CrPC to quash such proceedings.
Judgment Excerpts
Heard.
Rule made returnable forthwith.
The matter is taken up for final hearing on merit with consent of both the sides.
The applicants, invoking remedy under Section 482 of the Code of Criminal Procedure, 1973 (Cr.P.C.), preferred the present application seeking relief as below :-
The order dated 23-10-2018 passed by Ld. Additional Sessions Judge, Ambejogai in ...
The parties have amicably settled the dispute and the complainant has no objection.
Procedural History
The applicants filed Criminal Application No. 3305 of 2018 under Section 482 CrPC before the Bombay High Court, Aurangabad Bench, challenging an order dated 23-10-2018 passed by the Additional Sessions Judge, Ambejogai. The court heard the matter and passed judgment on 03-04-2019.
Acts & Sections
- Code of Criminal Procedure, 1973: Section 482
- Indian Penal Code, 1860: Section 498-A
- Dowry Prohibition Act, 1961: Section 3, Section 4
