Case Note & Summary
The applicants, including the husband Pravin Jadhav and his relatives, filed an application under Section 482 of the Code of Criminal Procedure, 1973 (Cr.P.C.) before the Bombay High Court, Bench at Aurangabad, seeking quashing of FIR No. 10 of 2019 registered at Sailu Police Station, District Parbhani, for offences under Sections 498-A, 452, 323, 504 read with Section 34 of the Indian Penal Code, 1860 (IPC). The FIR was lodged by Meghana Pravin Jadhav, the wife of applicant No. 1, alleging cruelty, house-trespass, assault, and criminal intimidation. The marriage was solemnized on 25-05-2014, and the couple had a son aged 4 years. The complainant alleged that she was subjected to harassment by her husband and his relatives. However, during the pendency of the application, the parties arrived at a settlement. The complainant-wife appeared before the Court and stated that she had settled all disputes with her husband and his relatives and had no objection to the quashing of the FIR. She also stated that she was residing with her husband and wanted to live with him. The Court, after hearing the parties and considering the nature of the allegations, observed that the offences under Sections 498-A, 452, 323, 504 IPC were non-compoundable under Section 320 Cr.P.C. However, relying on the principles laid down by the Supreme Court in cases such as Gian Singh v. State of Punjab, the Court held that in exceptional circumstances, the High Court can quash non-compoundable offences under Section 482 Cr.P.C. to secure the ends of justice. The Court noted that the allegations were general in nature, the parties had settled their differences, and the complainant had no objection. The Court also considered that the chances of conviction were bleak and that continuing the proceedings would be an abuse of the process of law. Accordingly, the Court allowed the application and quashed the FIR and all consequential proceedings.
Headnote
A) Criminal Procedure Code - Quashing of FIR - Section 482 Cr.P.C. - Settlement between parties - The Court considered whether FIR for offences under Sections 498-A, 452, 323, 504 IPC could be quashed on the basis of a compromise between the complainant-wife and the accused-husband and his relatives. The Court held that since the parties had settled their differences and were living together, and the chances of conviction were bleak, it was a fit case to exercise inherent powers to quash the FIR to secure the ends of justice. (Paras 1-5) B) Indian Penal Code - Matrimonial Cruelty - Section 498-A IPC - Quashing of proceedings - The Court noted that the allegations under Section 498-A IPC were general in nature and the complainant had no objection to quashing. The Court held that continuation of proceedings would be an abuse of process of law, and quashed the FIR. (Paras 3-5)
Issue of Consideration
Whether the FIR and criminal proceedings can be quashed under Section 482 Cr.P.C. on the basis of a settlement between the complainant-wife and the accused-husband and his relatives, when the offences alleged are non-compoundable.
Final Decision
The Court allowed the application and quashed FIR No. 10 of 2019 registered at Sailu Police Station, District Parbhani, and all consequential proceedings.
Law Points
- Quashing of FIR under Section 482 Cr.P.C. on basis of settlement
- Non-compoundable offences can be quashed if settlement is genuine and chances of conviction are bleak
- Section 498-A IPC is not compoundable but can be quashed in exceptional circumstances
