Case Note & Summary
The Bombay High Court at Nagpur Bench was hearing a criminal application under Section 482 of the Code of Criminal Procedure, 1973, filed by five applicants seeking quashing of Chargesheet No. 39/2011 in Crime No. 37/2011 registered at Police Station Dhamangaon (Bade), District Buldana. The chargesheet was for offences punishable under Sections 498A, 323, 504, 506 read with Section 34 of the Indian Penal Code, 1860, and Section 4 of the Dowry Prohibition Act, 1961. The respondent no. 2, Chandrakala, is the wife of applicant no. 1, Tukaram Kashiram Dike. Their marriage had taken place about 15 years prior, and they had two children, Chetan and Sujata. The wife had lodged a report alleging that the applicants demanded Rs. 50,000 and tried to kill her. After investigation, the prosecution filed the chargesheet. Subsequently, due to a misunderstanding and hot talk between the husband and wife, the wife had lodged the report. However, by the time of the application, the applicant no. 1 and respondent no. 2 had resumed living together happily with their children, and there was no dispute between them. They had cordial relations. The applicants therefore prayed for quashing of the chargesheet. The Court heard Shri R. J. Shinde, counsel for the applicants, and Shri A. M. Joshi, Additional Public Prosecutor for the State. The Court observed that the dispute was essentially a matrimonial one and the parties had amicably settled their differences. The wife was residing with her husband and had no objection to the quashing. The Court held that continuing the criminal proceedings would be an abuse of the process of law and that the ends of justice required quashing of the chargesheet. Accordingly, the Court allowed the application, quashed the chargesheet, and made the rule absolute.
Headnote
A) Criminal Procedure Code - Quashing of Chargesheet - Section 482 CrPC - Matrimonial Compromise - The applicants sought quashing of chargesheet in a matrimonial dispute where the wife had lodged a report alleging demand of Rs. 50,000 and attempt to kill. The parties subsequently resolved their differences and were residing together happily with their two children. The Court held that since the dispute was essentially personal and the parties had amicably settled, continuation of proceedings would be an abuse of process of law, and quashed the chargesheet. (Paras 1-7) B) Indian Penal Code - Matrimonial Cruelty - Sections 498A, 323, 504, 506 read with Section 34 IPC - Compromise - The Court noted that the offences under Sections 498A, 323, 504, 506 IPC, though non-compoundable, could be quashed in exercise of inherent powers under Section 482 CrPC when the parties had genuinely compromised and the wife had no objection. The Court relied on the principle that quashing is permissible to secure the ends of justice. (Paras 5-7) C) Dowry Prohibition Act - Demand of Dowry - Section 4 of the Dowry Prohibition Act - Quashing - The Court quashed the chargesheet under Section 4 of the Dowry Prohibition Act as well, given the compromise between the parties and the fact that the wife was residing with the husband and had no grievance. (Paras 5-7)
Issue of Consideration
Whether the chargesheet in a matrimonial dispute involving non-compoundable offences under Sections 498A, 323, 504, 506 IPC and Section 4 of the Dowry Prohibition Act can be quashed under Section 482 CrPC when the parties have compromised and are residing together happily.
Final Decision
The Court allowed the application, quashed Chargesheet No. 39/2011 in Crime No. 37/2011, and made the rule absolute.
Law Points
- Section 482 CrPC quashing of criminal proceedings
- matrimonial dispute compromise
- non-compoundable offences quashing
- Section 498A IPC
- Dowry Prohibition Act
