Case Note & Summary
The present application was filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, by the applicants-accused, who are the husband and in-laws of the deceased, seeking to quash the First Information Report being I-CR No.227 of 2017 lodged before the Anjar Police Station, Kachchh, and the proceedings of Sessions Case No.14 of 2019 pending before the learned Sessions Judge, Anjar, Kachchh, for the offences punishable under Sections 498A, 306 and 114 of the Indian Penal Code. The case of the prosecution is that the deceased, daughter of the complainant, got married to the applicant no.4 on 22.05.2017, and after marriage, she resided with her husband in a joint family. It was alleged that soon after her marriage, she was subjected to persistent mental and physical cruelty, alongside consistent ill-treatment, and was prevented from visiting her parental home, which caused her distress and disappointment, leading her to commit suicide. The application was initially filed for consent quashing, but considering the gravity and seriousness of the offence, the court heard the matter on merits. The court heard the learned advocates for the parties and the learned APP. The court, after considering the settlement between the parties and the facts of the case, allowed the application and quashed the FIR and all consequential proceedings.
Headnote
A) Criminal Procedure - Quashing of FIR - Section 528 Bharatiya Nagarik Suraksha Sanhita, 2023 - Inherent Powers - The applicants-accused, husband and in-laws of the deceased, sought quashing of FIR for offences under Sections 498A, 306, 114 IPC. The court, despite the application being for consent quashing, heard the matter on merits due to the gravity of the offence. The court considered the settlement between the parties and quashed the FIR and proceedings. (Paras 1-5) B) Criminal Law - Dowry Death - Sections 498A, 306, 114 Indian Penal Code, 1860 - Cruelty and Abetment of Suicide - The deceased was subjected to persistent mental and physical cruelty and prevented from visiting her parental home, leading to her suicide. The court examined the allegations and the settlement, and quashed the proceedings. (Paras 5-6)
Issue of Consideration
Whether the FIR and criminal proceedings for offences under Sections 498A, 306 and 114 IPC can be quashed on the basis of settlement between the parties, considering the gravity and seriousness of the offence.
Final Decision
The application is allowed. The FIR being I-CR No.227 of 2017 registered with Anjar Police Station, Kachchh and the proceedings of Sessions Case No.14 of 2019 pending before the learned Sessions Judge, Anjar, Kachchh are hereby quashed and set aside. Rule is made absolute.
Law Points
- Quashing of FIR under Section 528 BNSS
- Offences under Sections 498A
- 306
- 114 IPC
- Settlement in non-compoundable offences
- Inherent powers of High Court
- Gravity of offence consideration
