Case Note & Summary
The applicants, who are the husband 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. I-409 of 2018 registered at Police Station CIDCO, Aurangabad. The FIR was lodged by the respondent No. 2, Anjum Kausar Mustak Pathan, the wife of applicant No. 1, alleging offences under Sections 498-A, 323, 504, and 506 read with Section 34 of the Indian Penal Code, 1860 (IPC). The marriage between applicant No. 1 and respondent No. 2 was solemnized on 26-03-2017. After the FIR, the parties amicably settled their disputes. The wife, respondent No. 2, filed an affidavit stating that she had no grievance against the applicants and did not wish to pursue the criminal proceedings. The court considered the nature of the dispute, which was essentially a matrimonial discord, and noted that the compromise was genuine and voluntary. The court observed that continuing the prosecution would be an abuse of the process of law and would not serve any public interest. Relying on the principles laid down by the Supreme Court in cases such as Gian Singh v. State of Punjab, the court held that it is permissible to quash criminal proceedings in non-compoundable offences when the parties have settled the dispute and the chances of conviction are bleak. 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. - Compromise in Non-Compoundable Offences - Matrimonial dispute between husband and wife - FIR registered for offences under Sections 498-A, 323, 504, 506 read with Section 34 IPC - Parties settled dispute amicably - Wife filed affidavit stating no grievance - Court held that continuation of proceedings would be an abuse of process of law - FIR quashed in the interest of justice (Paras 1-6).
Issue of Consideration
Whether the FIR registered for offences under Sections 498-A, 323, 504, 506 read with Section 34 IPC can be quashed under Section 482 Cr.P.C. on the basis of a compromise between the husband and wife.
Final Decision
The application is allowed. FIR No. I-409 of 2018 registered at Police Station CIDCO, Aurangabad and all consequential proceedings are quashed and set aside.
Law Points
- Quashing of FIR under Section 482 Cr.P.C.
- Compromise in non-compoundable offences
- Matrimonial disputes
- Section 498-A IPC
- Section 323 IPC
- Section 504 IPC
- Section 506 IPC
- Section 34 IPC
Case Details
2019 LawText (BOM) (06) 35
Criminal Application No. 1165 of 2019
T.V. Nalawade, K.K. Sonawane
Mr. Mohit R. Deshmukh for Applicants, Mr. A.S. Shinde APP for Respondent No. 1, Mr. B.S. Kudale for Respondent No. 2
Mustaq Mastan Kha Dhhaingal (Pathan) and others
The State of Maharashtra and Anjum Kausar Mustak Pathan
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Nature of Litigation
Criminal application under Section 482 Cr.P.C. for quashing of FIR
Remedy Sought
Quashing of FIR No. I-409 of 2018 registered at Police Station CIDCO, Aurangabad for offences under Sections 498-A, 323, 504, 506 read with Section 34 IPC
Filing Reason
Matrimonial dispute between husband and wife; parties settled the dispute amicably
Issues
Whether the FIR can be quashed under Section 482 Cr.P.C. on the basis of a compromise between the parties in a non-compoundable offence.
Submissions/Arguments
Applicants submitted that the dispute is matrimonial and the parties have settled the matter amicably; the wife has no objection to quashing of FIR.
Respondent No. 2 (wife) filed an affidavit stating she has no grievance and does not wish to pursue the case.
State opposed the application but the court considered the compromise.
Ratio Decidendi
In matrimonial disputes, when the parties have genuinely settled the dispute and the wife has no grievance, continuing criminal proceedings would be an abuse of the process of law. The High Court can exercise its inherent power under Section 482 Cr.P.C. to quash the FIR even in non-compoundable offences to secure the ends of justice.
Judgment Excerpts
The applicants preferred present application under Section 482 of the Code of Criminal Procedure seeking relief to quash and set aside the First Information Report bearing No. I-409 of 2018 registered at Police Station CIDCO, Aurangabad for the offence punishable under Sections 498-A, 323, 504 and 506 read with Section 34 of the Indian Penal Code.
It has been alleged on behalf of prosecution that the first informant – complainant Anjum Kausar Mustak Pathan approached to the Police of CIDCO Police Station, Aurangabad, on 02-10-2018 and ventilated the grievance that her marriage was solemnized with applicant No. 1 - Mustaq Mastan Pathan on 26-03-2017.
The respondent No. 2 – complainant Anjum Kausar Mustak Pathan is present in the Court. She has filed affidavit stating that she has no grievance against the applicants and she does not wish to proceed with the criminal proceedings.
In view of the settlement between the parties, continuation of the criminal proceedings would be an abuse of process of law. Hence, the application deserves to be allowed.
Procedural History
FIR No. I-409 of 2018 was registered on 02-10-2018 at Police Station CIDCO, Aurangabad. The applicants filed Criminal Application No. 1165 of 2019 under Section 482 Cr.P.C. before the Bombay High Court, Bench at Aurangabad, seeking quashing of the FIR. The matter was heard on 07-06-2019 and disposed of on the same day.
Acts & Sections
- Code of Criminal Procedure, 1973: Section 482
- Indian Penal Code, 1860: Sections 498-A, 323, 504, 506, 34
