Case Note & Summary
The present application was filed under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) by applicants nos. 4 and 5, Godawari W/o Madhavrao Tidke and Madhavrao S/o Rambhau Tidke, seeking quashing of FIR No. MCase 3/2013 dated 05.02.2013 registered at Police Station, Ambad, District Jalna, and the consequent chargesheet and criminal proceedings in R.C.C. No. 117/2014 pending before the Judicial Magistrate, First Class, Ambad. The FIR was lodged by respondent no. 2, Chhaya W/o Sunil Waghmare, alleging offences under Sections 498-A, 323, 504, 506 of the Indian Penal Code, 1860 (IPC) and Sections 3, 4, 6 of the Dowry Prohibition Act, 1961. The dispute was essentially a matrimonial discord between the parties. During the pendency of the application, the parties arrived at an amicable settlement. The complainant, respondent no. 2, filed an affidavit stating that she had settled the matter with the applicants and did not wish to proceed with the criminal case. The court noted that the application of applicant nos. 1 to 3 had already been dismissed earlier. However, for applicant nos. 4 and 5, the court considered the settlement and the complainant's affidavit. The court observed that since the parties had settled the dispute and the complainant was no longer interested in prosecuting the case, continuing the proceedings would be an abuse of the process of law. The court held that to secure the ends of justice, the FIR and the chargesheet against applicant nos. 4 and 5 deserved to be quashed. Accordingly, the court allowed the application for applicant nos. 4 and 5 and quashed the FIR and all proceedings in R.C.C. No. 117/2014 against them. Rule was made absolute in those terms.
Headnote
A) Criminal Procedure Code, 1973 - Section 482 - Quashing of FIR - Settlement between parties - Where the parties have amicably settled the dispute and the complainant is no longer interested in prosecuting the case, continuation of proceedings would be an abuse of process of law - Held that the FIR and chargesheet can be quashed to secure the ends of justice (Paras 5-6). B) Dowry Prohibition Act, 1961 - Sections 3, 4, 6 - Indian Penal Code, 1860 - Sections 498-A, 323, 504, 506 - Quashing of proceedings - Settlement - The dispute arose from a matrimonial discord and allegations of dowry demand and cruelty - After settlement, the complainant stated she does not want to proceed with the case - Held that no purpose would be served by continuing the trial (Paras 3-6).
Issue of Consideration
Whether the FIR and subsequent criminal proceedings can be quashed under Section 482 CrPC on the ground of settlement between the parties, where the complainant is no longer interested in prosecuting the case.
Final Decision
The court allowed the application for applicant nos. 4 and 5 and quashed FIR No. MCase 3/2013 dated 05.02.2013 and all proceedings in R.C.C. No. 117/2014 pending before the Judicial Magistrate, First Class, Ambad, against them. Rule made absolute accordingly.
Law Points
- Section 482 CrPC
- quashing of FIR
- settlement between parties
- abuse of process of law
- Dowry Prohibition Act
- 1961
- Sections 3
- 4
- 6
- Indian Penal Code
- 1860
- Sections 498-A
- 323
- 504
- 506
