Case Note & Summary
The applicants, who are the accused in FIR No. 86 of 2017 registered at Police Station, City Chowk, Jalna for offences under Sections 498A, 406 read with 34 of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act, 1961, filed a criminal application under Section 482 of the Code of Criminal Procedure, 1973 seeking quashing of the FIR and all consequential proceedings. The complainant, respondent no. 2, was the wife of applicant no. 1. During the pendency of the application, the parties arrived at an amicable settlement. The complainant appeared before the court and stated that she had settled the matter with the applicants and had no objection to the quashing of the FIR. The court, considering the settlement and the fact that the complainant was not pressing the charges, held that continuing the criminal proceedings would be an abuse of the process of law. Accordingly, the court allowed the application and quashed the FIR and all proceedings arising therefrom.
Headnote
A) Criminal Law - Quashing of FIR - Settlement between parties - The High Court quashed FIR and criminal proceedings under Section 482 CrPC where the complainant and accused had amicably settled the dispute, and the complainant stated no objection to quashing. The court held that continuation of proceedings would be an abuse of process of law. (Paras 1-5)
Issue of Consideration
Whether the FIR and criminal proceedings can be quashed on the basis of a settlement between the complainant and the accused in a case involving offences under the Dowry Prohibition Act, 1961 and Sections 498A and 406 of the Indian Penal Code.
Final Decision
The court allowed the application and quashed FIR No. 86 of 2017 registered at Police Station, City Chowk, Jalna and all consequential proceedings.
Law Points
- Quashing of FIR
- Settlement between parties
- Dowry Prohibition Act
- 1961
- Section 498A IPC
- Section 406 IPC
- Compounding of offences
- Inherent powers under Section 482 CrPC
Case Details
2017 LawText (BOM) (11) 41
Criminal Application No.4741 of 2017
Athar Khan s/o. Waheed Khan & Ors.
The State of Maharashtra & Anr.
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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. 86 of 2017 and all consequential proceedings.
Filing Reason
The applicants sought quashing of FIR alleging offences under Sections 498A, 406 IPC and Sections 3, 4 of Dowry Prohibition Act, 1961, on the ground that the parties had amicably settled the dispute.
Issues
Whether the FIR and criminal proceedings can be quashed on the basis of a settlement between the complainant and the accused in a case involving non-compoundable offences.
Submissions/Arguments
The applicants submitted that the parties had amicably settled the dispute and the complainant had no objection to quashing of FIR.
The complainant (respondent no.2) appeared and stated that she had settled the matter and did not wish to pursue the complaint.
Ratio Decidendi
Where the parties have amicably settled the dispute and the complainant is not pressing the charges, continuation of criminal proceedings would be an abuse of the process of law, and the FIR and proceedings can be quashed under Section 482 CrPC.
Judgment Excerpts
The complainant i.e. respondent no.2 is present and states that she has settled the matter with the applicants and she has no objection for quashing of the FIR.
In view of the settlement, continuation of the criminal proceedings would be an abuse of process of law.
Procedural History
The applicants filed Criminal Application No.4741 of 2017 under Section 482 CrPC before the High Court of Judicature at Bombay, Bench at Aurangabad, seeking quashing of FIR No. 86 of 2017 registered at Police Station, City Chowk, Jalna for offences under Sections 498A, 406 read with 34 IPC and Sections 3 and 4 of the Dowry Prohibition Act, 1961. During the pendency of the application, the parties arrived at a settlement, and the complainant stated no objection to quashing. The court allowed the application and quashed the FIR and all proceedings.
Acts & Sections
- Code of Criminal Procedure, 1973 (CrPC): 482
- Indian Penal Code, 1860 (IPC): 498A, 406, 34
- Dowry Prohibition Act, 1961: 3, 4
