Case Note & Summary
The petitioner, Taskin d/o Shaikh Ali Akbar Mogal, filed Criminal Writ Petition No. 01440 of 2015 seeking quashing of FIR No. 86 of 2014 registered at Kedgaon Police Station, Ahmednagar, for offences under Sections 498-A, 323, 504, 506 read with 34 IPC and Sections 3 and 4 of the Dowry Prohibition Act, 1961, against her husband Eajaj Khan Shafi Khan Pathan (respondent no.1). Similarly, Sayyed Sohel Liyakat and Sayyed Ruksana Liyakat filed Criminal Writ Petition No. 01461 of 2015 seeking quashing of the same FIR. The parties had amicably settled their disputes, and the wife (petitioner in the first petition) stated that she had no objection to the quashing of the FIR. The court, after hearing the parties and considering the settlement, held that continuation of criminal proceedings would be an abuse of the process of law and not in the interest of justice. Accordingly, the court quashed the FIR and all consequential proceedings. The petitions were disposed of.
Headnote
A) Criminal Procedure Code - Quashing of FIR - Section 482 CrPC - Settlement between parties - Non-compoundable offences - The High Court quashed FIR and criminal proceedings for offences under Sections 498-A, 323, 504, 506 read with 34 IPC and Sections 3 and 4 of Dowry Prohibition Act, 1961, as the parties had amicably settled their disputes and the wife (petitioner) had no objection to quashing. Held that continuation of proceedings would be an abuse of process of law and not in the interest of justice (Paras 1-5).
Issue of Consideration
Whether criminal proceedings for offences under Sections 498-A, 323, 504, 506 read with 34 IPC and Sections 3 and 4 of Dowry Prohibition Act, 1961 can be quashed on the basis of a settlement between the parties.
Final Decision
The court allowed the petitions and quashed FIR No. 86 of 2014 registered at Kedgaon Police Station, Ahmednagar, and all consequential proceedings arising therefrom.
Law Points
- Criminal proceedings can be quashed under Section 482 CrPC when parties have settled disputes amicably
- even in non-compoundable offences
- if chances of conviction are bleak and continuation would be an abuse of process.
Case Details
2017 LawText (BOM) (12) 41
Criminal Writ Petition No. 01440 of 2015 and Criminal Writ Petition No. 01461 of 2015
Mr. V.Y. Bhide for petitioner; Mr. Sameer Shaikh and Mr. N.B. Narwade for respondent no.01; Mr. S.P. Sonpawale, Addl. Public Prosecutor for respondent no.02
Taskin d/o Shaikh Ali Akbar Mogal (in Cri. W.P. No. 01440/2015); Sayyed Sohel Liyakat and Sayyed Ruksana Liyakat (in Cri. W.P. No. 01461/2015)
Eajaj Khan Shafi Khan Pathan and The State of Maharashtra
Subscribe to unlock Case Details (Citation, Judge, Date & more)
Subscribe Now
Nature of Litigation
Criminal writ petitions seeking quashing of FIR and criminal proceedings for offences under Sections 498-A, 323, 504, 506 read with 34 IPC and Sections 3 and 4 of Dowry Prohibition Act, 1961.
Remedy Sought
Quashing of FIR No. 86 of 2014 registered at Kedgaon Police Station, Ahmednagar, and all consequential proceedings.
Filing Reason
The parties had amicably settled their disputes, and the wife (petitioner) had no objection to the quashing of the FIR.
Issues
Whether criminal proceedings can be quashed under Section 482 CrPC when parties have settled the dispute amicably, even if the offences are non-compoundable.
Submissions/Arguments
Petitioners submitted that the matter has been amicably settled between the parties and the wife has no objection to quashing of FIR.
Respondent no.1 (husband) did not oppose the quashing.
State (respondent no.2) left the matter to the court's discretion.
Ratio Decidendi
When parties have amicably settled their disputes and the complainant has no objection to quashing, continuation of criminal proceedings would be an abuse of the process of law and not in the interest of justice. Hence, the FIR and proceedings can be quashed under Section 482 CrPC.
Judgment Excerpts
The parties have amicably settled the dispute and the petitioner Taskin d/o Shaikh Ali Akbar Mogal has stated that she has no objection for quashing the FIR.
Continuation of the criminal proceedings would be an abuse of process of law and not in the interest of justice.
Procedural History
FIR No. 86 of 2014 was registered at Kedgaon Police Station, Ahmednagar, for offences under Sections 498-A, 323, 504, 506 read with 34 IPC and Sections 3 and 4 of Dowry Prohibition Act, 1961. The petitioners filed Criminal Writ Petitions No. 01440 of 2015 and No. 01461 of 2015 before the Bombay High Court (Aurangabad Bench) seeking quashing of the FIR and proceedings. The court heard the parties and disposed of the petitions on 20 December 2017.
Acts & Sections
- Indian Penal Code, 1860 (IPC): 498-A, 323, 504, 506, 34
- Dowry Prohibition Act, 1961: 3, 4
- Code of Criminal Procedure, 1973 (CrPC): 482
