Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Bom) 1102

IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT NAGPUR
A.S. Chandurkar, Urmila Joshi-Phalke, JJ.
Piyush – Appellant
Versus
State of Maharashtra & Ors. – Respondents
Criminal Application (APL) No. 1661 of 2022
Decided On : 03-01-2023

Advocates appeared:
P. R. Agrawal, Advocate, A. S. Fulzele, Advocate, A. S. Ambatkar, Advocate

The amicable settlement between the parties in a matrimonial dispute can be a valid ground for quashing a First Information Report.

Headnote:
Quashing - Matrimonial Dispute - The court allowed the application for quashing the First Information Report based on the amicable settlement between the parties involved in a matrimonial dispute.
Fact of the Case:

The applicant sought relief for quashing of a First Information Report registered for offences under the Indian Penal Code. The parties involved in the dispute had settled the matter amicably during the pendency of the application.
Finding of the Court:

The court found that the matrimonial dispute between the parties had been amicably settled, and therefore allowed the application for quashing the First Information Report.
Issues: The main issue was the quashing of the First Information Report registered against the applicant for offences under the Indian Penal Code.
Ratio Decidendi: The court considered the amicable settlement between the parties as a significant factor in allowing the application for quashing the First Information Report.
Final Decision: The court allowed the application, quashed the First Information Report, and made the rule absolute in favor of the applicant.

JUDGMENT

Urmila Joshi-Phalke, J. - Rule. Rule made returnable forthwith. Heard finally with consent of the learned counsel for the parties.

2. By preferring this application, the applicant seeking relief for quashing of First Information Report vide Crime No.489 of 2021 registered at Police Station Nandgaonpeth, Amravati for the offence punishable under Sections 324, 498-A, 504 and 506 read with Section 34 of the Indian Penal Code.

3. Non-applicant No.2 has lodged the report against the present applicant alleging that her marriage was performed with applicant on 02/12/2020. Her husband is serving in Merchant Navy. After marriage she resumed cohabitation at her matrimonial house. She was ill-treated and harassed by applicant. Her father though given him Rs.3,00,000/- (Rs. Three Lacs) for purchase of the house but applicant had not returned the said amount. Whenever she demands the amount, her husband assaults her. On the basis of said report, police have registered the offence against the applicant.

4. On the basis of the allegations, offence was registered against the present applicant. During the pendency of the application, applicant and the non-applicant No.2 amicably settled the dispute and decided to obtain the mutual consent. They both have already preferred the petition before the trial Court. In response to the notice, non-applicant No.2 appear and accepted the contentions of the applicant. The non-applicant No.2 is also present before the Court. We have personally interacted with the non-applicant No.2 and she accepted the statement that both parties have settled the matter amicably and she has no grievances against the applicant.

5. In such circumstance, considering the matrimonial dispute between the parties, which is amicably settled. The application deserves to be allowed.

6. In view of the above, we proceed to pass the following order.

ORDER

(i) The application is hereby allowed.

(ii) In view of settlement between the parties, the First Information Report vide Crime No.489 of 2021 registered at Police Station Nandgaonpeth, Amravati for the offence punishable under Sections 324, 498-A, 504 and 506 read with Section 34 of the Indian Penal Code against the present applicant is quashed and set aside.

(iii) Rule is made absolute in the aforesaid terms.

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