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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
Vinay Joshi, Valmiki Sa Menezes, JJ.
Shoeb – Appellant
Versus
State of Maharashtra – Respondent
Criminal Application (Apl) No. 1012 of 2022
Decided On : 24-02-2023
Inherent Powers - Quashing of FIR - Domestic Dispute Settlement
Fact of the Case:
The application sought to quash the FIR and related criminal case registered for matrimonial harassment under Sec. 498A read with Sec. 34 of the Indian Penal Code. The parties had settled the dispute and the informant did not want to prosecute the criminal case.
Finding of the Court:
The court found that the dispute was of a domestic nature and had been settled by mutual agreement, rendering the criminal prosecution futile. The court invoked its inherent powers and allowed the criminal application, quashing the FIR and related criminal case.
Issues: The main issue was whether the court should quash the FIR and related criminal case in a domestic dispute settlement.
Ratio Decidendi: The court considered the settlement of the dispute by mutual agreement and the lack of purpose in continuing the criminal prosecution, leading to the invocation of its inherent powers to quash the FIR and related criminal case.
Final Decision: The court allowed the criminal application and quashed the FIR in Crime No.639 of 2020 and related Criminal Case bearing RCC No.730 of 2020 pending on the file of JMFC, Wardha.
JUDGMENT
VINAY JOSHI, J. - . Rule. Rule made returnable forthwith. Heard finally by consent of the learned Counsel appearing for the parties.
2. This is an application seeking to quash the First Information Report (FIR) in Crime No.639 of 2020, registered with Wardha Police Station, District Wardha, for the offence punishable under Sec. 498A read with Sec. 34 of the Indian Penal Code, 1860 and related criminal case bearing RCC No. No.730 of 2020.
3. At the instance of report lodged by Non-Applicant No.2 (wife), crime has been registered pertaining to matrimonial harassment. After few days from the marriage, the couple started to reside separately. Several meetings were held, but both sides have realized that marriage is unworkable. During pendency of criminal proceeding, with the intervention of relatives and mediator, the parties have settled the dispute. It is informed that as per prevailing Customs and Rules under Mohammedan Law, they have divorced. As the matter is settled, informant lady do not want to prosecute the criminal case. Today, informant is present in Court and accompanied by her father namely Usman Shaikh. The informant is identified by her Counsel Mr M. R. Khan. We have enquired with the informant, on which she agreed that the matter is settled and expressed that she do not want to prosecute the concerned criminal case.
4. A dispute is of domestic nature and by mutual agreement, couple has been separated. Having regard to the said fact, there is no purpose in continuing the criminal prosecution as it would be exercise in futility. In the circumstances, we inclined to invoke our inherent powers. The criminal application is allowed.
5. We hereby quash and set side the FIR in Crime No.639 of 2020 and related Criminal Case bearing RCC No.730 of 2020 pending on the file of JMFC, Wardha.
6. Rule is made absolute in above terms.
Courts have inherent powers to quash criminal proceedings in domestic disputes settled by mutual agreement, where continuing the prosecution would be futile.
The amicable settlement between the parties in a matrimonial dispute can be a valid ground for quashing a First Information Report.
The court can exercise its inherent jurisdiction under Sec. 482 of the Code of Criminal Procedure to quash criminal proceedings if the parties have reached a settlement and do not desire to proceed w....
The court can quash a criminal case if it finds that the alleged offense is unnecessarily incorporated in the FIR and the ingredients of the offense are not satisfied, especially when the parties hav....
The main legal point established in the judgment is the court's exercise of inherent power under Section 482 of the Code of Criminal Procedure to quash the FIR and proceedings based on an amicable se....
The court can quash a criminal case if the FIR incorporates a serious offence and the parties have reached an amicable settlement.
Inherent powers under Section 482 of the CrPC may quash FIRs in matrimonial disputes when mutual consent is present, despite non-compoundable offences, to prevent injustice.
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 genuine....
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