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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Sumeet Goel, J.
Surjit Singh and Others – Appellants
Versus
U.T. Chandigarh and Another – Respondents
CRM-M No. 5427 of 2017
Decided On : 04-09-2024
Quashing - FIR - IPC Sections 406, 498-A - The court quashed the FIR based on a valid compromise between the parties, emphasizing the misuse of legal provisions in matrimonial disputes and the need for judicial discretion in such cases.
Fact of the Case:
The petitioners sought to quash an FIR for dowry-related offences based on a compromise made before the trial court, stating that all disputes had been amicably resolved and the wife had received a settlement amount.
Finding of the Court:
The court found that the wife had received the full settlement and had not appeared to contest the quashing of the FIR, indicating an abuse of the legal process.
Issues: Whether the FIR and subsequent proceedings should be quashed based on the compromise reached between the parties.
Ratio Decidendi: The court held that when a wife has benefited from a compromise and no further action is required from the husband, the FIR should be quashed to prevent abuse of the legal process.
Result: The FIR and all proceedings were quashed, and the wife was ordered to pay costs.
JUDGMENT :
Sumeet Goel, J.
1. The present petition has been filed under Section 482 of Code of Criminal Procedure, 1973 by the petitioners for quashing of FIR No. 205 dated 14.10.2013 (Annexure P-1) registered for the offences punishable under Sections 406 and 498-A of IPC at Police Station Sector 19, Chandigarh, which was got lodged by respondent No. 2 (herein)-wife as also all subsequent proceedings emanating therefrom on the basis of compromise/statement dated 16.04.2015 (Annexure P-2) made before the learned trial Court. The allegations in the FIR primarily relate to the allegations of harassment on account of dowry and Istridhan related criminal breach of trust.
The relevant part of compromise/statement dated 16.04.2015 made before the learned trial Court (copy whereof has been appended as Annexure P-2) reads as under:
2. Notice of motion of the instant petition was issued on 20.02.2017 whereupon respondent No. 2 had entered appearance in person 02.08.2017 and prayed for time to engage a lawyer. Thereafter, counsel for the petitioners had not caused appearance whereupon the instant petition was dismissed for non-prosecution vide order dated 02.08.2018. On an application being filed for restoration, the same was restored vide order dated 20.09.2018 and notice was sent to respondent No. 2 on the address indicated in the order dated 02.08.2017. Thereafter, respondent No. 2 was served in the year 2019 and she was being represented by a Legal Aid Counsel. However, vide order dated 06.04.2022, bailable warrants were issued to secure the presence of respondent No. 2. The same were directed to be served again multiple times and, thereafter, U.T. Chandigarh vide order dated 12.08.2024 was directed to file an affidavit/report qua service of respondent No. 2 including service in terms of Section 64 of Cr.P.C. of 1973. In terms of the said order, learned counsel for the U.T. Chandigarh today has placed on record the affidavit of Ms. Jaswinder Kaur, Deputy Superintendent of Police, Woman & child Support Unit, Chandigarh, relevant whereof reads as under:
6. That on 31.07.2024 ASI Satish Kumar went to address of respondent no 2 i.e. house no 40 Joginder Nagar Jalandhar Cantt. Punjab. There one Mr. Rahul was found residing and he informed that Rajwant Kaur does not reside there and he is residing in that house for last 10 years with his family. Further the relative/ Family of Rajwant Kaur also could not be found. Hence the service of bailable warrants upon respondent No. 2 including service in terms of s
The court established that FIRs arising from matrimonial disputes can be quashed if the complainant has benefited from a settlement and is using the legal process to harass the accused.
The main legal point established in the judgment is the wide and unfettered inherent powers of the High Court under Section 482 of the Code of Criminal Procedure to quash criminal proceedings based o....
The Court can invoke inherent powers under Section 482 CrPC to quash proceedings based on a genuine and voluntary compromise, considering the nature of the offence, societal impact, and the ends of j....
Point of Law : Criminal proceedings or FIR - Quashed - Offence of Rape - Interest of justice would be met, in case, proceedings are quashed, as the parties have already compromised matter.
Point of Law - Section 482 preserves the inherent powers of the High Court to prevent an abuse of the process of any court or to secure the ends of justice.
In the exercise of power under Section 482 and while dealing with a plea that the dispute has been settled, the High Court must have due regard to nature and gravity of offence. Heinous and serious o....
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