Case Note & Summary
The applicants, Rajendra Digamber Pawar, Vijaya Digamber Pawar, Digamber Jivlag Pawar, and Baby Saroja Angad Biradar, filed a criminal application under Section 482 of the Code of Criminal Procedure, 1973, seeking quashing of Criminal Case No. 6879 of 2016 pending before the Judicial Magistrate First Class, Aurangabad. The case arose from a complaint filed by respondent No. 2, Surekha Rajendra Pawar, who is the wife of applicant No. 1, alleging offences under Sections 498-A, 323, 504, 506 of the Indian Penal Code, 1860, and Sections 3 and 4 of the Dowry Prohibition Act, 1961, along with proceedings under the Protection of Women from Domestic Violence Act, 2005. The parties, who are related as husband and wife and in-laws, entered into a settlement during the pendency of the application. The wife agreed to receive a permanent alimony of Rs. 5,00,000 and to withdraw all cases against the applicants. The settlement was recorded in writing and the wife confirmed it before the court. The court considered the nature of the offences, the fact that the dispute was primarily personal and familial, and that the continuation of proceedings would be an abuse of process. The court held that since the parties had amicably settled the dispute and the wife had no objection to quashing, the proceedings should be quashed to secure the ends of justice. The court allowed the application and quashed the criminal proceedings.
Headnote
A) Criminal Procedure Code - Quashing of Proceedings - Section 482 CrPC - Compounding of Non-Compoundable Offences - The High Court can quash criminal proceedings even for non-compoundable offences if the parties have settled the dispute and continuation of proceedings would be an abuse of process of court. Held that the settlement between the parties is genuine and voluntary, and no useful purpose would be served by continuing the prosecution (Paras 8-10).
B) Domestic Violence - Settlement - Protection of Women from Domestic Violence Act, 2005 - Sections 12, 18, 19, 20, 22 - Quashing of Proceedings - The parties, who are husband and wife, resolved their differences and decided to live separately. The wife received permanent alimony and agreed to withdraw all cases. Held that quashing the proceedings would secure the ends of justice (Paras 5-7).
Issue of Consideration
Whether criminal proceedings under the Protection of Women from Domestic Violence Act, 2005 and other penal offences can be quashed under Section 482 of the Code of Criminal Procedure, 1973 when the parties have amicably settled the dispute.
Final Decision
The court allowed the criminal application and quashed Criminal Case No. 6879 of 2016 pending before the Judicial Magistrate First Class, Aurangabad, including all proceedings under the Protection of Women from Domestic Violence Act, 2005.
Law Points
- Compounding of non-compoundable offences under Section 482 CrPC
- Settlement between parties in domestic violence cases
- Quashing of criminal proceedings to secure ends of justice
Case Details
2017 LawText (BOM) (07) 54
Criminal Application No. 6879 of 2016
S.S. Shinde, S.M. Gavhane
Mr. S.A. Nagarsoge for applicants, Mr. M.M. Nerlikar APP for respondent No.1/State, Mr. R.D. Sanap for respondent No.2
Rajendra s/o. Digamber Pawar, Vijaya w/o. Digamber Pawar, Digamber s/o. Jivlag Pawar, Baby Saroja w/o. Angad Biradar
The State of Maharashtra, Surekha w/o Rajendra Pawar
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Nature of Litigation
Criminal application under Section 482 CrPC for quashing of criminal proceedings arising from a domestic dispute between husband and wife and in-laws.
Remedy Sought
The applicants sought quashing of Criminal Case No. 6879 of 2016 pending before the Judicial Magistrate First Class, Aurangabad, including proceedings under the Domestic Violence Act.
Filing Reason
The applicants were facing criminal prosecution for offences under Sections 498-A, 323, 504, 506 IPC and Sections 3, 4 Dowry Prohibition Act, as well as proceedings under the Domestic Violence Act, based on a complaint by the wife (respondent No.2).
Previous Decisions
The matter was pending before the trial court; no previous decisions were mentioned.
Issues
Whether the criminal proceedings can be quashed under Section 482 CrPC when the parties have settled the dispute amicably.
Whether the settlement between husband and wife in a domestic violence case justifies quashing of non-compoundable offences.
Submissions/Arguments
The applicants submitted that the parties have amicably settled the dispute and the wife has agreed to withdraw all cases upon receipt of permanent alimony of Rs. 5,00,000.
The respondent No.2 (wife) confirmed the settlement and stated she has no objection to quashing the proceedings.
The State opposed the application, arguing that the offences are serious and not compoundable.
Ratio Decidendi
The High Court can exercise its inherent power under Section 482 CrPC to quash criminal proceedings, even for non-compoundable offences, when the parties have genuinely settled the dispute and continuation of proceedings would be an abuse of the process of court or to secure the ends of justice. In matrimonial and family disputes, where the parties have resolved their differences and the complainant has no objection, quashing is warranted.
Judgment Excerpts
The parties have amicably settled the dispute and the respondent No.2 has no objection for quashing the criminal proceedings.
Continuation of the criminal proceedings would be an abuse of process of court and to secure the ends of justice, the proceedings deserve to be quashed.
Procedural History
The applicants filed Criminal Application No. 6879 of 2016 under Section 482 CrPC before the Bombay High Court, Aurangabad Bench, seeking quashing of Criminal Case No. 6879 of 2016 pending before the Judicial Magistrate First Class, Aurangabad. The matter was reserved on 20.07.2017 and pronounced on 28.07.2017.
Acts & Sections
- Code of Criminal Procedure, 1973: Section 482
- Indian Penal Code, 1860: Section 498-A, 323, 504, 506
- Dowry Prohibition Act, 1961: Section 3, 4
- Protection of Women from Domestic Violence Act, 2005: Section 12, 18, 19, 20, 22
