Case Note & Summary
The applicants, including the husband Nikhil Chavan and his relatives, filed an application under Section 482 of the Code of Criminal Procedure, 1973 (Cr.P.C.) seeking quashing of FIR No. 50 of 2019 registered at City Police Station, Beed, for offences under Sections 498-A, 354, 323, 504, and 506 read with Section 34 of the Indian Penal Code, 1860 (IPC). The FIR was lodged by the complainant Shilpa @ Pranali, wife of applicant No.1, alleging cruelty and harassment after marriage. The marriage was solemnized on 20-04-2018, and after initial good treatment, the complainant alleged ill-treatment. The parties later amicably settled the dispute, and the complainant filed an affidavit stating that she had no objection to the quashing of the FIR. The Court, considering the settlement and the fact that the complainant was living separately, held that continuing the proceedings would be an abuse of the process of law. 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 - The Court considered whether FIR for offences under Sections 498-A, 354, 323, 504, 506 IPC could be quashed on the basis of settlement between husband and wife. Held that since the matrimonial dispute was amicably resolved and the complainant wife had no objection, continuation of proceedings would be an abuse of process of law. The FIR and criminal proceedings were quashed. (Paras 1-6)
B) Matrimonial Law - Dowry Harassment - Section 498-A IPC - Compromise - The Court noted that the parties had settled their differences and were living separately. The complainant wife stated that she did not want to proceed with the case. Held that quashing of FIR was justified to secure the ends of justice. (Paras 3-6)
Issue of Consideration
Whether the FIR and criminal proceedings can be quashed under Section 482 Cr.P.C. when the parties have amicably settled the dispute and the complainant is no longer interested in prosecuting the case.
Final Decision
The Court allowed the application and quashed FIR No. 50 of 2019 registered at City Police Station, Beed, and all consequential proceedings.
Law Points
- Quashing of FIR under Section 482 Cr.P.C.
- Compromise in non-compoundable offences
- Matrimonial disputes
- Section 498-A IPC
- Section 354 IPC
- Section 323 IPC
- Section 504 IPC
- Section 506 IPC
Case Details
2019 LawText (BOM) (06) 36
Criminal Application No. 1386 of 2019
T.V. Nalawade, K.K. Sonawane
Mrs. Sanghmitra Wadmare for Applicants, Mr. D. R. Kale for Respondent No.1 - State and Respondent No.2
Nikhil s/o. Vijay Chavan, Sou. Prabhadevi w/o. Vijay Chavan, Vijay s/o. Sakharam Chavan, Rohini Gaurishankar Wadmare, Shweta d/o. Ganesh Pagare, Ajinkya s/o. Ganesh Pagare, Amol @ Munna s/o. Vishnupant
The State of Maharashtra, Shilpa @ Pranali w/o. Nikhil Chavan
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Nature of Litigation
Criminal application under Section 482 Cr.P.C. for quashing of FIR and criminal proceedings.
Remedy Sought
Quashing of FIR No. 50 of 2019 and all consequential proceedings.
Filing Reason
The applicants sought quashing of FIR alleging offences under Sections 498-A, 354, 323, 504, 506 IPC on the ground that the parties had amicably settled the dispute.
Issues
Whether the FIR and criminal proceedings can be quashed under Section 482 Cr.P.C. when the parties have amicably settled the dispute and the complainant is no longer interested in prosecuting the case.
Submissions/Arguments
The applicants submitted that the dispute is matrimonial in nature and the parties have amicably settled their differences.
The complainant wife filed an affidavit stating that she has no objection to the quashing of the FIR.
The State did not oppose the application.
Ratio Decidendi
When the parties to a matrimonial dispute have amicably settled their differences and the complainant is no longer interested in prosecuting the case, continuation of criminal proceedings would be an abuse of the process of law, and the FIR and proceedings can be quashed under Section 482 Cr.P.C. to secure the ends of justice.
Judgment Excerpts
The applicants preferred present application under Section 482 of the Code of Criminal Procedure (“Cr.P.C.”) seeking relief to quash and set aside the First Information Report (“FIR”) bearing No. 50 of 2019 registered at City Police Station, Beed, for the offence punishable under Sections 498-A, 354, 323, 504 and 506 read with Section 34 of the Indian Penal Code (“IPC”).
The parties have amicably settled the dispute and the complainant has no objection to quash the FIR.
In view of the settlement, continuation of the proceedings would be an abuse of process of law.
Procedural History
The FIR was registered on 20-03-2019. The applicants filed Criminal Application No. 1386 of 2019 under Section 482 Cr.P.C. before the Bombay High Court, Bench at Aurangabad. The Court heard the matter on 06-06-2019 and allowed the application, quashing the FIR and proceedings.
Acts & Sections
- Code of Criminal Procedure, 1973 (Cr.P.C.): 482
- Indian Penal Code, 1860 (IPC): 498-A, 354, 323, 504, 506, 34
