Case Note & Summary
The petitioners, including the husband Damodar Rambhau Gulhane and his relatives, filed a Criminal Writ Petition under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973, seeking quashing of FIR No. 343 of 2015 registered at MIDC Police Station, Jalgaon. The FIR was lodged by respondent No. 2, Mayuri Damodar Gulhane, the wife of petitioner No. 1, alleging offences under Sections 498-A, 417, 406, 323, 504, 506 read with Section 34 of the Indian Penal Code, 1860. The petitioners contended that the FIR was filed with malafide intentions and that no part of the cause of action arose within the territorial jurisdiction of MIDC Police Station, Jalgaon, as the alleged incidents occurred at Nagpur, Wardha, and Amravati. They also submitted that the parties had amicably settled their disputes and were living together as husband and wife, and the complainant had no objection to the quashing of the FIR. The State opposed the petition, arguing that the investigation was at an advanced stage. However, the court, after hearing the parties, noted that the allegations in the FIR did not disclose any incident occurring within Jalgaon jurisdiction. The court held that continuing the criminal proceedings would be an abuse of the process of law, especially in light of the settlement. Consequently, the court allowed the petition, quashed the FIR and all consequential proceedings, and made the rule absolute.
Headnote
A) Criminal Procedure Code - Quashing of FIR - Territorial Jurisdiction - Sections 482, 177, 178, 179 CrPC - FIR registered at MIDC Police Station, Jalgaon for offences under Sections 498-A, 417, 406, 323, 504, 506 read with Section 34 IPC - Alleged incidents occurred at Nagpur, Wardha, and Amravati, not within Jalgaon jurisdiction - Held that the FIR is liable to be quashed for lack of territorial jurisdiction as no part of cause of action arose within Jalgaon (Paras 2-5). B) Matrimonial Law - Settlement - Quashing of FIR - Section 482 CrPC - Parties have amicably settled the dispute and are living together - Complainant wife has no objection to quashing - Held that in view of settlement, continuation of criminal proceedings would be an abuse of process of court, hence FIR quashed (Paras 4-5).
Issue of Consideration
Whether the FIR registered at MIDC Police Station, Jalgaon is liable to be quashed on the ground of lack of territorial jurisdiction and due to settlement between the parties.
Final Decision
The petition is allowed. FIR No. 343 of 2015 registered with MIDC Police Station, Jalgaon and all consequential proceedings are quashed. Rule is made absolute.
Law Points
- Quashing of FIR
- Territorial jurisdiction
- Settlement between parties
- Section 482 CrPC
- Matrimonial disputes
