Point of Law: Dowry harassment - Quash of FIR - Settlement of dispute - though some of offences are Non-compoundable offence.

ORDER :

1. This petition is filed with a prayer for quashing an FIR registered by the petitioner No. 1 against the rest of the petitioners before Teliamura Police Station which was registered as Case No. 2019 TLM 044 in which allegations were made for commission of offences punishable under Sections 498A, 307, 109, 370, 354B, 458, 366, 323 read with Section 34 of IPC.

2. The petitioners No. 1 and 2 are wife and husband respectively. Petitioners No. 3 to 6 are the relatives of the husband. Petitioner No. 1 wife has filed the said FIR against the husband and other relatives. Learned counsel for the petitioners submitted that after filing of the criminal complaint, with the intervention of well-wishers all the issues have been resolved between the husband and wife. The wife has decided to withdraw all the criminal charges against the husband and his relatives. The husband and wife have decided to amicably dissolve the marriage for which purpose petition for dissolution of marriage through mutual consent has been filed before the competent court. The husband has agreed to pay a permanent alimony of Rs. 6,00,000/- to the wife of which Rs. 3,00,000/- is already paid. Remaining amount would be paid at the time of deposition. The wife has agreed to accept the said sum as full and final monetary claim from the husband. These conditions are incorporated in the divorce petition.

3. The wife and husband are present before the Court. They are identified by their advocate. They agreed to the statements made in this petition as well as in the divorce petition. In addition, the wife stated that she had filed the criminal complaint out of misunderstanding and anger and she drops all allegations and charges against the petitioners No. 2 to 6.

4. The record would thus show that the disputes between the parties arise out of matrimonial relations. Wiser counsels having prevailed, the parties have decided to bury the disputes and separate amicably. I am informed that there are no children out of this wedlock which lasted barely about three years. Under the circumstances, not accepting the request of the parties for quashing of the FIR would only prolong the disputes and prevent a young couple from getting on in their lives and look for possible resettlement. Under the circumstances and particularly when it was stated before me by the wife that the FIR was actuated out of anger and misunderstanding, I am inclined to quash the FIR though some of the offences are non-compoundable. It is well settled to the judgments of Supreme Court that in exercise of powers under Section 482 of Criminal Procedure Code the Court may as well when situation so warrants, quash an FIR involving non-compoundable offences.

5. In the result, the said FIR bearing Teliamura P.S. Case No. 2019 TLM 044 is quashed. It is expected that the parties shall act according to the understanding and terms and conditions which are incorporated in the divorce petition.

6. Petition is disposed of accordingly. Pending applications, if any, also stands disposed of.