Case Note & Summary
The applicant, Madhav Khodke, a teacher, filed an application under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) seeking quashing of FIR No. 33 of 2016 registered at Paradh Police Station for offences under Sections 376(b) and 323 of the Indian Penal Code, 1860 (IPC). The respondent No.2, Bebinanda Ambhore, is the applicant's ex-wife. They were married on 04-06-1994 and cohabited till 1996. Disputes arose, leading to a complaint under Section 498A IPC and a divorce petition in 1999. The parties compromised, filed a consent pursis, and obtained a divorce. The applicant paid full and final settlement for maintenance, and custody of their daughter was given to the mother. The FIR was lodged on 18-07-2016, nearly 20 years after separation, alleging that the applicant had sexual intercourse with the respondent No.2 on the pretext of marriage and assaulted her. The applicant contended that the FIR was a malicious afterthought and an abuse of process. The court noted that Section 376(b) IPC applies only when the wife is living separately under a decree of separation or custom, but here the parties were divorced and living separately for years. The court also considered that all disputes had been settled and the respondent No.2 had no objection to quashing. The court held that continuing the proceedings would be an abuse of process and quashed the FIR.
Headnote
A) Criminal Procedure Code - Quashing of FIR - Section 482 CrPC - Inherent Powers - FIR under Sections 376(b) and 323 IPC was quashed as the parties were divorced and had settled all disputes, and the continuation of proceedings would be an abuse of process of law. (Paras 1-6) B) Indian Penal Code - Marital Rape - Section 376(b) IPC - Not Attracted - The provision applies only when the wife is living separately under a decree of separation or custom, but here the parties were divorced and living separately for years, hence no offence made out. (Paras 3-5) C) Compromise - Non-Compoundable Offences - Quashing - The High Court in exercise of inherent powers under Section 482 CrPC can quash proceedings even in non-compoundable offences if the parties have genuinely settled and the chances of conviction are bleak. (Para 6)
Issue of Consideration
Whether the FIR under Section 376(b) and 323 IPC can be quashed under Section 482 CrPC when the parties have been divorced and have settled all disputes.
Final Decision
The application is allowed. FIR No. 33 of 2016 registered with Paradh Police Station for offences under Sections 376(b) and 323 IPC is quashed and set aside.
Law Points
- Quashing of FIR
- Section 482 CrPC
- Section 376(b) IPC
- Section 323 IPC
- Marital Rape Exception
- Compromise in Non-Compoundable Offences
- Abuse of Process of Law
