The inherent powers of the High Court can be exercised to quash proceedings to prevent abuse of process, especially when disputes are settled amicably through mediation, reaffirming caution in dealing with matrimonial cases under Section 498A IPC.

JUDGMENT :

Chandra Shekhar Jha, J.

Heard learned counsel appearing on behalf of the parties.

2. Md. Naushad Uzzoha, learned counsel appeared for opposite party no. 2.

3. It is submitted by learned counsel appearing for the petitioner that dispute between parties, now stands compromised against permanent alimony of Rs. 11 lacs, out of which 5 lacs already paid to opposite party no. 2. It is pointed out that settlement arrived between the parties before the Mediation Centre of District Legal Service Authority, Araria. It is further submitted that parties are governed by their personal law being Muhammadan and they already dissolved their marriage in terms of their personal law. It is submitted that in view of aforesaid, no further disputes or any differences now appears available between the parties and, therefore, continuing with this proceedings before the learned trial court would only amount to abusing the process of the court of law and, therefore, same be set aside/quashed.

4. In support of his aforesaid submission learned counsel relied upon the legal report of Hon’ble Supreme Court as available through Abhisek Vs. State of Madhya Pradesh, reported in 2023 SCC OnLine SC 1083.

5. It would be apposite to reproduce Mediation’s Report of District Legal Service Authority, Araria, which is as under:-

6. It would be apposite to reproduce para-13, 14, 15, 16 & 17 of the legal report of Hon’ble Supreme Court passed in the case of Abhishek (Supra), which are as under:-

“13. Instances of a husband's family members filing a petition to quash criminal proceedings launched against them by his wife in the midst of matrimonial disputes are neither a rarity nor of recent origin. Precedents aplenty abound on this score. We may now take note of some decisions of particular relevance. Recently, in Kahkashan Kausar alias Sonam v. State of Bihar [(2022) 6 SCC 599], this Court had occasion to deal with a similar situation where the High Court had refused to quash a FIR registered for various offences, including Section 498A IPC. Noting that the foremost issue that required determination was whether allegations made against the in-laws were general omnibus allegations which would be liable to be quashed, this Court referred to earlier decisions wherein concern was expressed over the misuse of Section 498A IPC and the increased tendency to implicate relatives of the husband in matrimonial disputes. This Court observed that false implications by way of general omnibus allegations made in the course of matrimonial disputes, if left unchecked, would result in misuse of the process of law. On the facts of that case, it was found that no specific allegations were made against the in- laws by the wife and it was held that allowing their prosecution in the absence of clear allegations against the in-laws would result in an abuse of the process of law. It was also noted that a criminal trial, leading to an eventual acquittal, would inflict severe scars upon the accused and such an exercise ought to be discouraged.

14. In Preeti Gupta v. State of Jharkhand [(2010) 7 SCC 667], this Court noted that the tendency to implicate the husband and all his immediate relations is also not uncommon in complaints filed under Section 498A IPC. It was observed that the Courts have to be extremely careful and cautious in dealing with these complaints and must take pragmatic realities into consideration while dealing with matrimonial cases, as allegations of harassment by husband's close relations, who were living in different cities and never visited or rarely visited the place where the complainant resided, would add an entirely different complexion and such allegations would have