Case Note & Summary
The applicants, who are the husband and in-laws of the complainant Jagruti Amit Rathod, filed an application under Section 482 of the Code of Criminal Procedure, 1973 seeking quashing of FIR No. 116 of 2018 registered at Upnagar Police Station, Nandurbar for offences under Sections 498-A, 315, 323 and 504 read with Section 34 of the Indian Penal Code, 1860, and all consequential proceedings including the final report under Section 173 Cr.P.C. dated 02-01-2019. The FIR was lodged by the wife alleging cruelty and other matrimonial offences. During the pendency of the application, the parties amicably settled their disputes and the complainant wife filed an affidavit stating that she had no objection to the quashing of the FIR. The court, after hearing the parties and considering the settlement, held that since the dispute was matrimonial in nature and the parties had resolved their differences, continuing the criminal proceedings would be an abuse of the process of the court. The court exercised its inherent powers under Section 482 Cr.P.C. to quash the FIR and all consequential proceedings to secure the ends of justice. The application was allowed and the FIR along with the charge-sheet and all proceedings were quashed.
Headnote
A) Criminal Procedure Code - Quashing of FIR - Section 482 Cr.P.C. - Inherent Powers - Settlement between husband and wife in matrimonial dispute - FIR under Sections 498-A, 315, 323, 504 IPC read with Section 34 IPC - Held that where the parties have settled the dispute and the complainant is not interested in prosecution, continuation of proceedings would be an abuse of process of court, hence FIR and charge-sheet quashed (Paras 4-6).
Issue of Consideration
Whether the FIR and consequential 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 application is allowed. FIR No. 116 of 2018 registered at Upnagar Police Station, Nandurbar for offences under Sections 498-A, 315, 323 and 504 read with Section 34 of IPC and all consequential proceedings including the charge-sheet under Section 173 Cr.P.C. dated 02-01-2019 are quashed and set aside. Rule made absolute.
Law Points
- Quashing of FIR under Section 482 Cr.P.C.
- Settlement between parties
- Compounding of non-compoundable offences
- Inherent powers of High Court
- Matrimonial disputes
Case Details
2019 LawText (BOM) (07) 27
Criminal Application No. 480 of 2019
T.V. Nalawade, K.K. Sonawane
Smt. Kirti Ahuja for Applicants, Mr. K.S. Patil APP for Respondent No. 1, Mr. A.S. Radikar for Respondent No. 2
Amit Harising Rathod and others
The State of Maharashtra and Jagruti Amit Rathod
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Nature of Litigation
Criminal application under Section 482 Cr.P.C. for quashing of FIR and consequential proceedings.
Remedy Sought
Quashing of FIR No. 116 of 2018 and all consequential proceedings including final report under Section 173 Cr.P.C.
Filing Reason
The applicants, who are husband and in-laws, sought quashing of FIR alleging offences under Sections 498-A, 315, 323, 504 read with Section 34 IPC, on the ground that the parties had amicably settled the dispute and the complainant was no longer interested in prosecution.
Issues
Whether the FIR and consequential proceedings can be quashed under Section 482 Cr.P.C. when the parties have amicably settled the dispute and the complainant is not interested in prosecuting the case.
Submissions/Arguments
The applicants submitted that the parties have amicably settled the dispute and the complainant has filed an affidavit stating no objection to quashing.
The respondent State opposed the application but the complainant supported the quashing.
Ratio Decidendi
In matrimonial disputes, where the parties have amicably settled their differences and the complainant is no longer interested in prosecution, continuation of criminal proceedings would be an abuse of the process of the court. The High Court can exercise its inherent powers under Section 482 Cr.P.C. to quash the FIR and all consequential proceedings 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. 116 of 2018...
The parties have amicably settled the dispute and the complainant is not interested in prosecuting the case. Hence, continuation of proceedings would be an abuse of process of court.
Procedural History
The FIR was registered on 14-07-2018. The police filed a charge-sheet under Section 173 Cr.P.C. on 02-01-2019. The applicants filed Criminal Application No. 480 of 2019 under Section 482 Cr.P.C. before the Bombay High Court, Bench at Aurangabad, seeking quashing of the FIR and all consequential proceedings. The court heard the matter and passed the judgment on 11-07-2019.
Acts & Sections
- Code of Criminal Procedure, 1973: 482, 173
- Indian Penal Code, 1860: 498-A, 315, 323, 504, 34
