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 (CrPC) seeking quashing of FIR No. 169 of 2018 registered at Bhagyanagar Police Station, Nanded, for offences under Sections 498-A, 323, 504, and 506 read with Section 34 of the Indian Penal Code, 1860 (IPC). The FIR was lodged by the complainant-wife, Nazema Khanam, against her husband Mohd. Sajid Khan (applicant No. 1) and his family members, alleging cruelty and harassment for dowry. The marriage was solemnized on 13-11-2005, and the complainant alleged that after marriage, she was subjected to physical and mental cruelty by the applicants. During the pendency of the application, the parties entered into mediation and arrived at a settlement. The complainant-wife, who was present in court, confirmed the compromise and stated that she had no objection to the quashing of the FIR. The court, considering the nature of the dispute as essentially matrimonial and the fact that the parties had resolved their differences, held that continuing the criminal proceedings would be an abuse of the process of law. The court exercised its inherent powers under Section 482 CrPC and quashed the FIR and all consequential proceedings. The judgment was delivered by a Division Bench of the Bombay High Court, Bench at Aurangabad, on 30th August 2019.
Headnote
A) Criminal Procedure Code - Quashing of FIR - Section 482 CrPC - Compromise in Matrimonial Offences - The High Court, in exercise of its inherent powers under Section 482 CrPC, quashed FIR No. 169/2018 registered under Sections 498-A, 323, 504, 506 read with Section 34 IPC, as the parties had amicably settled their disputes through mediation and the complainant-wife expressed no objection to quashing. Held that continuation of proceedings would be an abuse of process of law (Paras 1-7).
Issue of Consideration
Whether the FIR registered under Sections 498-A, 323, 504, 506 read with Section 34 IPC can be quashed under Section 482 CrPC on the basis of a compromise between the husband and wife.
Final Decision
The court allowed the application and quashed FIR No. 169/2018 registered at Bhagyanagar Police Station, Nanded, along with all consequential proceedings, in exercise of its inherent powers under Section 482 CrPC.
Law Points
- Quashing of FIR under Section 482 CrPC
- Compromise in matrimonial disputes
- Section 498-A IPC cruelty
- Inherent powers of High Court
- Non-compoundable offences settlement
Case Details
2019 LawText (BOM) (08) 43
Criminal Application No. 3593 of 2018
T.V. Nalawade, K.K. Sonawane
Mr. Gajanan G. Kadam for Applicants, Mrs. V. S. Chaudhari for Respondent No. 1-State, Ms. Pratibha Suryawanshi for Respondent No. 2
Mohd. Sajid Khan s/o. Ali Khan and others
The State of Maharashtra and Nazema Khanam
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Nature of Litigation
Criminal application under Section 482 CrPC for quashing of FIR in a matrimonial dispute involving allegations of cruelty and harassment.
Remedy Sought
Quashing of FIR No. 169/2018 registered at Bhagyanagar Police Station, Nanded, for offences under Sections 498-A, 323, 504, 506 read with Section 34 IPC.
Filing Reason
The applicants, being the husband and his relatives, sought quashing of the FIR on the ground that the parties had amicably settled the dispute through mediation and the complainant-wife had no objection.
Issues
Whether the FIR can be quashed under Section 482 CrPC on the basis of a compromise between the parties in a matrimonial dispute involving non-compoundable offences.
Submissions/Arguments
The applicants submitted that the parties have amicably settled the dispute through mediation and the complainant-wife has no objection to quashing the FIR.
The complainant-wife, present in court, confirmed the compromise and stated that she has no objection to the quashing.
The State opposed the application, but the court considered the nature of the dispute and the settlement.
Ratio Decidendi
In matrimonial disputes, where the parties have genuinely settled their differences and the complainant-wife has no objection, the High Court can quash the FIR under Section 482 CrPC to prevent abuse of process of law, even if the offences are non-compoundable.
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. 169 of 2018 registered at Bhagyanagar Police Station, Nanded, District Nanded, for the offence punishable under Sections 498-A, 323, 504 and 506 read with Section 34 of Indian Penal Code (IPC).
The complainant-wife is present in the Court and she has stated that she has no objection to quash the FIR.
In view of the compromise arrived at between the parties, the continuation of the criminal proceedings would be an abuse of process of law.
Procedural History
The applicants filed Criminal Application No. 3593 of 2018 under Section 482 CrPC before the Bombay High Court, Bench at Aurangabad, seeking quashing of FIR No. 169/2018. During the pendency, the parties entered into mediation and reached a settlement. The court heard the parties and passed the judgment on 30-08-2019.
Acts & Sections
- Code of Criminal Procedure, 1973 (CrPC): 482
- Indian Penal Code, 1860 (IPC): 498-A, 323, 504, 506, 34
