Case Note & Summary
The petitioners, who are the in-laws of the complainant Jaishree, filed a criminal writ petition under Article 226 of the Constitution and Section 482 CrPC seeking quashing of RTC No. 141/2014 pending before the Judicial Magistrate First Class, Kopargaon. The case was filed by Jaishree against her husband Rahul and his family members for offences under Sections 498-A, 323, 504, 506 read with 34 IPC. Initially, petitioner No.1 (husband) withdrew his petition, and during arguments, petitioners No.2 to 4 also withdrew. The remaining petitioners (Nos.5 to 8) are the sister-in-law and other relatives. The Court noted that the parties had settled the dispute and the complainant had no objection to the quashing. The Court observed that the allegations against the in-laws were general and lacked specific instances. Relying on the settlement and the fact that the husband had already withdrawn, the Court held that continuing the proceedings would be an abuse of the process of law. Accordingly, the Court quashed the criminal proceedings against petitioners No.5 to 8. The petition was disposed of with rule made absolute.
Headnote
A) Criminal Procedure Code - Quashing of FIR - Section 482 CrPC - Matrimonial Dispute - Settlement - The petitioners (in-laws) sought quashing of RTC No. 141/2014 pending before JMFC, Kopargaon for offences under Sections 498-A, 323, 504, 506 r/w 34 IPC. The husband (petitioner No.1) had already withdrawn his petition. During arguments, petitioners No.2 to 4 also withdrew. The Court considered the settlement between the parties and the lack of specific allegations against the in-laws. Held that continuation of proceedings would be an abuse of process of law, and quashed the proceedings against the remaining petitioners (Nos.5 to 8) (Paras 1-5).
Issue of Consideration
Whether criminal proceedings under Sections 498-A, 323, 504, 506 r/w 34 IPC can be quashed on the basis of settlement between the parties, especially when the husband has already withdrawn his petition and the in-laws seek quashing.
Final Decision
The Court quashed the criminal proceedings in RTC No. 141/2014 pending before the Judicial Magistrate First Class, Kopargaon, against petitioners No.5 to 8. The petition was disposed of with rule made absolute.
Law Points
- Quashing of criminal proceedings under Section 482 CrPC
- Compounding of non-compoundable offences in matrimonial disputes
- Settlement between parties as ground for quashing
- Lack of specific allegations against in-laws
Case Details
2015 LawText (BOM) (03) 9
Criminal Writ Petition No. 1114 of 2014
T.V. Nalawade, Smt. I.K. Jain
Mr. P.B. Patil for petitioners, Mr. B.L. Dhas APP for State, Mr. S.B. Kadu for respondent No. 2
Punjaram s/o. Deoram Nikam, Sulechana w/o. Punjaram Nikam, Rupali Punjaram Nikam, Shalini Vijay Deore, Anita Manish Savant, Deepali Rahul Kamble, Ramabai Govind Ahir
The State of Maharashtra, Jaishree w/o. Raul Nikam
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Nature of Litigation
Criminal writ petition for quashing of criminal proceedings under Section 482 CrPC and Article 226 of Constitution.
Remedy Sought
Quashing of RTC No. 141/2014 pending before Judicial Magistrate First Class, Kopargaon.
Filing Reason
The petitioners (in-laws) sought quashing of criminal case filed by respondent No.2 (complainant) for offences under Sections 498-A, 323, 504, 506 r/w 34 IPC.
Previous Decisions
Petitioner No.1 (husband) withdrew his petition; petitioners No.2 to 4 also withdrew during arguments.
Issues
Whether criminal proceedings can be quashed under Section 482 CrPC on the basis of settlement between parties in a matrimonial dispute involving non-compoundable offences?
Whether the allegations against the in-laws are specific enough to warrant continuation of trial?
Submissions/Arguments
Petitioners argued that the matter has been settled between the parties and the complainant has no objection to quashing.
The State and respondent No.2 did not oppose the quashing.
Ratio Decidendi
In matrimonial disputes, when the parties have settled the matter and the complainant has no objection, continuation of criminal proceedings against in-laws who have no specific allegations would be an abuse of the process of law, warranting quashing under Section 482 CrPC.
Judgment Excerpts
The petition is filed under Article 226 of Constitution of India and also under section 482 of Criminal Procedure Code for relief of quashing of criminal case bearing R.T.C. No. 141/2014.
During arguments, the learned counsel for petitioner Nos. 2 to 4 submitted on instruction that he wants to withdraw their proceeding and so, to that extent their proceeding is disposed of as withdrawn.
The Court quashed the criminal proceedings against petitioners No.5 to 8.
Procedural History
The criminal writ petition was filed under Article 226 and Section 482 CrPC seeking quashing of RTC No. 141/2014. Petitioner No.1 withdrew his petition earlier. During final hearing, petitioners No.2 to 4 also withdrew. The Court then heard the remaining petitioners and quashed the proceedings against them.
Acts & Sections
- Indian Penal Code, 1860: 498-A, 323, 504, 506, 34
- Code of Criminal Procedure, 1973: 482
- Constitution of India: 226
