Case Note & Summary
The applicants, who were the original accused, filed an application under Section 482 of the Code of Criminal Procedure, 1973 (Cr.P.C.) seeking to quash the First Information Report (FIR) bearing Crime No. 133 of 2018 registered at Shivajinagar Police Station, Nanded, for offences punishable under Sections 498-A, 323, 504, and 506 read with Section 34 of the Indian Penal Code, 1860 (IPC), as well as the subsequent criminal proceeding bearing Regular Criminal Case No. 698 of 2018 (Charge-sheet No. 90 of 2018). The FIR was lodged by the complainant, Yogini Yogesh Kumbharkar, on 24-06-2018, alleging that the applicants, who were her husband and in-laws, subjected her to cruelty and harassment for dowry. During the pendency of the application, the parties arrived at an amicable settlement. The complainant, respondent No. 2, appeared before the Court and stated that she had settled the dispute with the applicants and had no objection to the quashing of the FIR and criminal proceedings. The Court, after hearing the parties and considering the settlement, held that since the dispute was essentially matrimonial in nature and the parties had resolved their differences, continuing the criminal proceedings would be an abuse of the process of law. 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. - Inherent Powers - Settlement - Matrimonial Dispute - The applicants sought quashing of FIR and criminal proceedings under Sections 498-A, 323, 504, 506 IPC on the ground that the parties had amicably settled the dispute. The Court, considering the settlement and the complainant's no objection, held that continuation of proceedings would be an abuse of process of law and quashed the FIR and proceedings. (Paras 1-5)
Issue of Consideration
Whether the FIR and criminal proceedings under Sections 498-A, 323, 504, 506 IPC can be quashed under Section 482 Cr.P.C. on the basis of a settlement between the complainant and accused.
Final Decision
The Court allowed the application and quashed the FIR bearing Crime No. 133 of 2018 and the criminal proceeding bearing Regular Criminal Case No. 698 of 2018.
Law Points
- Quashing of FIR under Section 482 Cr.P.C.
- Settlement between parties
- Non-compoundable offences
- Compromise in matrimonial disputes
- Inherent powers of High Court
