The power of the High Court to quash criminal proceedings for non-compoundable offenses, particularly those arising from matrimonial relationships, based on the nature of the offenses and the genuineness of the settlement between the parties.

JUDGMENT

anil Pansare, J. - Heard Mr. Bharat Bhatia, the learned Counsel for Petitioners, Smt. M. H. Mhatre, the learned aPP for Respondent No.1-State and Ms. Trupti Chavan, for Respondent No.2.

2 Rule. Rule made returnable forthwith. Heard finally by consent of the learned Counsel for the parties.

3 The applicants/Petitioners have filed a Petition, seeking directions for quashing of First Information Report bearing CR No. 239 of 2020 dated 3rd august, 2020 registered with Dadar Police Station for the offences punishable under Section 498-a,406 read with 34 of Indian Penal Code, 1860.

4 The Petition has been circulated before the Vacation bench on the ground that, the matter has now been settled between the parties and that Divorce Petition by mutual consent bearing No.862 of 2022 has been filed in Family Court. The Petitioner No.3 is a permanent resident of Canada and due for Citizenship Oath. The present FIR would operate as fly ban on the applicants to travel abroad. accordingly, the Petitioners and Original Complainant-Respondent No.2 have settled the matter and urged that the FIR lodged against Petitioners may be quashed.

5 Respondent No.2 who is present in the Court has tendered affidavit, mentioning therein that FIR came to be registered because of matrimonial dispute that arose between Respondent No.2 and the Petitioners. according to Respondent No.2, the parties have amicably settled the disputes and have decided to take a divorce by mutual consent. Necessary Petition has already been field before the Family Court. Parties have filed consent terms before the Family Court wherein Respondent No.2 has given consent to quash the case pending before the Metropolitan Magistrate Court at Dadar. Respondent No.2 has further stated in her affidavit that she has received an amount of Rs.25 lakhs from the Petitioner No.1 towards her permanent alimony and that there is no exchange pending between the parties. Respondent No.2, therefore, do not wish to pursue the proceeding that arose out of the FIR registered with Dadar Police Station against the Petitioners. Petitioner No.1 is husband of Respondent No.2. Petitioner No.2 is mother-in-law of Respondent No.2 and Petitioner No.3 is sister of Petitioner No.1.

6 We have interacted with Respondent No.2. She has admitted the contents of the affidavit which has been referred to herein above. advocate for the parties before us would submit that matter has been amicably settled and, therefore, FIR registered against the Petitioners may be quashed and set aside.

7 The Hon'ble Supreme Court in the case of State of Madhya Pradesh v/s. Laxmi Narayan and Others (Criminal appeal No.349 of 2019), while dealing with the power of High Court under Section 482 of the Criminal Procedure Code has been pleased to summarize the law in paragraph 13 on the point of quashing of FIR where the complainant has entered into compromise with the accused. Paragraph 13 reads thus:-

i) that the power conferred under Section 482 of the Code to quash the criminal proceedings for the non-compoundable offences under Section 320 of the Code can be exercised having overwhelmingly and predominantly the civil character, particularly those arising out of commercial transactions or arising out of matrimonial relationship or family disputes and when the parties have resolved the entire dispute amongst themselves;

ii) such power is not to be exercised in those prosecutions which involved heinous and serious offences of mental depravity or offences like murder, rape, dacoity, etc. Such offences are not private in nature and have a serious impact on society;

iii) similarly, such power is not to be exercised for the offences under the special statutes like Prevention of Corruption act or the offences committed by public servants while working in that capacity are not to be quashed merely on the basis of compromise between the victim and the offender;

iv) offences under Section 307 IPC and the arms act etc. would fall in the category of heino