Case Note & Summary
The applicants, including the husband and his family members, filed a criminal application under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) seeking quashing of FIR No. 338 of 2015 registered at Cantonment Police Station, Aurangabad for offences under Sections 498-A, 323, 504, 506 read with Section 34 of the Indian Penal Code, 1860 (IPC). The FIR was lodged by the wife, Sushma Satish Rathod, alleging cruelty and harassment for dowry. The marriage was solemnized on 7 May 2015, and the couple resided in Mumbai. The wife alleged maltreatment and demand of money. However, during the pendency of the application, the parties amicably settled their disputes and the wife expressed no objection to the quashing of the FIR. The court noted that the alleged incidents occurred in Mumbai, which is outside the territorial jurisdiction of the Cantonment Police Station, Aurangabad. The court held that continuing the proceedings would be an abuse of the process of law, especially since the parties had settled and the wife was not supporting the prosecution. The court allowed the application and quashed the FIR and all consequential proceedings.
Headnote
A) Criminal Procedure Code - Quashing of FIR - Section 482 CrPC - Settlement between parties - The court considered whether the FIR under Sections 498-A, 323, 504, 506 r/w 34 IPC could be quashed when the parties had amicably settled the dispute and the alleged incidents occurred in Mumbai, outside the jurisdiction of the Cantonment Police Station, Aurangabad. Held that continuation of proceedings would be an abuse of process of law, and the FIR was quashed. (Paras 1-10)
Issue of Consideration
Whether the FIR and criminal proceedings can be quashed under Section 482 CrPC when the parties have amicably settled the dispute and the alleged incidents occurred outside the territorial jurisdiction of the police station where the FIR was registered.
Final Decision
The court allowed the application and quashed FIR No. 338/2015 registered at Cantonment Police Station, Aurangabad and all consequential proceedings.
Law Points
- Section 482 CrPC
- quashing of FIR
- settlement between parties
- territorial jurisdiction
- abuse of process of law
Case Details
2017 LawText (BOM) (02) 2
Criminal Application No. 477 of 2016
S.S. Shinde, K.K. Sonawane
A.S. Deshmukh for Applicant, D.R. Kale for Respondent-State, S.P. Salgar for Respondent No. 2
Satish Dharmu Rathod, Atish Dharmu Rathod, Dharmu Tukaram Rathod, Kamlabai Dharmu Rathod
The State of Maharashtra, Sushma Satish Rathod
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Nature of Litigation
Criminal application under Section 482 CrPC for quashing of FIR and criminal proceedings.
Remedy Sought
Quashing of FIR No. 338/2015 and all consequential proceedings.
Filing Reason
The applicants alleged that the FIR was false and that the parties had amicably settled the dispute.
Previous Decisions
FIR was registered and investigation was ongoing; no previous decisions mentioned.
Issues
Whether the FIR and criminal proceedings can be quashed under Section 482 CrPC when the parties have amicably settled the dispute.
Whether the lack of territorial jurisdiction of the police station where the FIR was registered is a ground for quashing.
Submissions/Arguments
The applicants submitted that the parties have amicably settled the dispute and the wife has no objection to quashing.
The respondent-wife confirmed the settlement and supported the quashing.
The State opposed the application but the court considered the settlement.
Ratio Decidendi
When parties have amicably settled the dispute and the wife is not supporting the prosecution, continuing criminal proceedings would be an abuse of the process of law, warranting quashing under Section 482 CrPC. Additionally, the alleged incidents occurred outside the territorial jurisdiction of the police station where the FIR was registered.
Judgment Excerpts
The applicant moved the present application, invoking the remedy under Section 482 of Cr.P.C. to quash and set aside the FIR vide Crime No. 338 of 2015...
It has been contended that the first informant Smt. Sushama w/o. Satish Rathod approached to the Cantonment Police Station on 9.10.2015...
The court held that continuation of proceedings would be an abuse of process of law.
Procedural History
The FIR was registered on 9 October 2015. The applicants filed Criminal Application No. 477 of 2016 under Section 482 CrPC seeking quashing. The application was reserved on 8 February 2017 and pronounced on 21 February 2017.
Acts & Sections
- Code of Criminal Procedure, 1973: 482
- Indian Penal Code, 1860: 498-A, 323, 504, 506, 34
