Case Note & Summary
The applicants (husband, in-laws, and sister-in-law) filed an application under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) seeking quashing of FIR No. 068 of 2018 registered at Dharangaon Police Station, District Jalgaon for offences under Sections 498-A, 420, 406, 448, 504, and 506 read with Section 34 of the Indian Penal Code, 1860 (IPC), and the consequent Regular Criminal Case No. 51 of 2018 (Charge-sheet No. 71 of 2018). The FIR was lodged by the complainant-wife, Tejashree Rohan Jain, alleging that after her marriage with applicant No. 1 on 03-07-2017, she was subjected to cruelty and harassment by the applicants for dowry. The alleged incidents occurred in Nagpur, where the couple resided after marriage. However, the FIR was registered in Dharangaon, Jalgaon, which is the complainant's parental place. Subsequently, the parties amicably settled their disputes and obtained a divorce by mutual consent. The applicants contended that the FIR was filed with malafide intentions and that the police station lacked territorial jurisdiction. The court, after hearing the parties, held that since the parties had settled the matter and the alleged incidents occurred in Nagpur, the Dharangaon police had no jurisdiction. The court quashed the FIR and all consequential proceedings, observing that continuation would be an abuse of the process of law.
Headnote
A) Criminal Procedure Code - Quashing of FIR - Section 482 CrPC - Settlement - The High Court quashed FIR and criminal proceedings arising from matrimonial dispute where parties had amicably settled their differences and obtained divorce by mutual consent. Held that continuation of proceedings would be an abuse of process of court. (Paras 1-10) B) Territorial Jurisdiction - Lack of Jurisdiction - Sections 498-A, 420, 406, 448, 504, 506 IPC - The alleged incidents occurred in Nagpur, but FIR was registered in Dharangaon, Jalgaon. Held that the police station lacked territorial jurisdiction to investigate the matter. (Paras 3-10)
Issue of Consideration
Whether the FIR and criminal proceedings can be quashed under Section 482 CrPC on the ground of settlement between the parties and lack of territorial jurisdiction?
Final Decision
The court allowed the application and quashed FIR No. 068 of 2018 and Regular Criminal Case No. 51 of 2018 (Charge-sheet No. 71 of 2018).
Law Points
- Quashing of FIR under Section 482 CrPC
- Settlement between parties
- Lack of territorial jurisdiction
- Offences under Sections 498-A
- 420
- 406
- 448
- 504
- 506 IPC
