Case Note & Summary
The petitioner, Pramod R.S., filed a criminal petition under Section 482 of the Code of Criminal Procedure, 1973, seeking quashing of FIR No.61/2022 registered at Lakshmipuram Police Station, Mysuru, for offences punishable under Sections 498A (cruelty), 307 (attempt to murder), and 506 (criminal intimidation) of the Indian Penal Code, 1860, and Sections 3 and 4 of the Dowry Prohibition Act, 1961. The petitioner is the husband of the second respondent, Lakshmi M.R., who is the complainant. The parties were married on 19-04-2021. Due to alleged torture, the wife left the matrimonial home on 14-08-2022. The petitioner then issued a legal notice seeking amicable settlement. Subsequently, the parties resolved their differences and the wife filed a memo stating that she had no objection to the quashing of the FIR. The Court, after hearing the parties, noted that the dispute was personal in nature and the settlement was genuine. The Court held that continuing the criminal proceedings would be an abuse of the process of law and quashed the FIR and all proceedings arising therefrom. The petition was allowed.
Headnote
A) Criminal Procedure Code, 1973 - Section 482 - Quashing of FIR - Settlement between husband and wife - Offences under Sections 498A, 307, 506 IPC and Sections 3, 4 of Dowry Prohibition Act, 1961 - The petitioner-husband sought quashing of FIR based on amicable settlement with the complainant-wife. The Court held that since the parties had resolved their differences and the wife had no objection, continuing proceedings would be an abuse of process of law. The FIR and all proceedings were quashed. (Paras 1-4) B) Dowry Prohibition Act, 1961 - Sections 3 and 4 - Quashing of proceedings - Settlement between parties - The Court considered that the offences under the Dowry Prohibition Act are not compoundable but in view of the settlement and to secure the ends of justice, the FIR was quashed. (Paras 3-4)
Issue of Consideration
Whether the FIR registered for offences under Sections 498A, 307, 506 IPC and Sections 3 and 4 of the Dowry Prohibition Act, 1961 should be quashed in light of the settlement between the husband and wife.
Final Decision
The petition is allowed. The FIR in Crime No.61/2022 registered by Lakshmipuram Police Station, Mysuru, and all proceedings arising therefrom, pending on the file of the VIII Addl. Civil Judge and J.M.F.C., Mysuru, are quashed.
Law Points
- Quashing of FIR under Section 482 CrPC
- Settlement between husband and wife
- Compounding of non-compoundable offences
- Dowry Prohibition Act
- 1961
- Sections 3 and 4
- IPC Sections 498A
- 307
- 506
