DATE OF JUDGEMENT:
23rd June 2021
BENCH:
Justice Narendra Kumar Johari
PARTIES
Applicant – Shiv Dayal Singh & Anr.
Opposite Party- State of U.P and Anr.
SUBJECT
- The Allahabad High Court had allowed the application of section 482 CrPC to quash the impugned summoning order, of a non-compoundable offense to secure the ends of justice.
OVERVIEW
- In the present case, the marriage of the applicant was solemnized with the complainant/opposite party. Thereafter, the relation between husband and wife got strained, as a result opposite party(OP) had lodged an F.I.R. against the applicant under Sections 498-A, 323, 504 of IPC.
- After the investigation, a charge sheet was filed against the applicant. The learned Magistrate, after taking cognizance passed a summoning order. Aggrieved by the summoning order, the applicant has filed a petition under Section 482 Cr. P.C to quash the summoning order.
- Subsequently, during the pendency of the proceedings, a compromise between the parties had taken place. In furtherance of compromise, both the parties agreed to separate from each other, and in this regard, a decree of divorce had also been passed.
- The complainant submitted that the parties had amicably settled their matter.
LEGAL PROVISIONS
- Section 498-A Indian Penal Code,1860: Husband or relative of husband of women subjecting her to cruelty,
- Section 482 Criminal procedure Code, 1908: Saving of inherent powers of High Court.
ISSUE
- Whether the court can be allowed an application of section 482 CrPC in a non-compoundable offense?
JUDGEMENT ANALYSIS
- The court mentioned that if the offenses related to a matrimonial dispute are non-compoundable in nature under section 320 of Cr. P.C, the court must be satisfied with the fact that the parties have amicably settled the matter without any pressure.
- Further, the court held that to secure ends of justice, section 320 of the Cr. P.C would not be a bar to the exercise of a power of quashing of FIR, complaint, or the subsequent criminal proceedings.
- Additionally, the inherent powers of the High Court under Section 482 Cr. P.C must exercise for securing the ends of justice and only in cases where refusal to exercise that power may result in the abuse not the process of law.
- Hence, the court decided that the complaint registered against the complainant was liable to be set aside and the court had allowed the petition under Section 482 to quash the impugned summoning order passed by the learned magistrate.
CONCLUSION
In the present instance, the court mentioned the parties were amicably settled their disputes which arose due to matrimonial relation, therefore, it would be futile to engage them in further litigation. Therefore, it has no use to allow criminal proceedings against the applicants. It would be sheer wastage of valuable time of the court.
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