DATE OF JUDGEMENT:
16th June 2021
BENCH:
Justice Narendra Kumar Vyas
PARTIES
Petitioner- Ayush Podder
Respondent- State of Chattisgarh
SUBJECT
- The Court allowed the petition of Section 482 Cr. P.C to quash the FIR which has been lodged for committing the offences under Section 498A and Section 34 of the IPC.
OVERVIEW
- In the present case, the petitioner and the respondents were husband and wife. The marriage was solemnized as per the Hindu rituals and customs.
- The matrimonial dispute was between petitioner & respondent. Therefore, the petitioner had applied under Section 13 of the Hindu Marriage Act, 1955 for obtaining a decree of divorce by mutual consent. Thereafter, the respondent filed a complaint against the petitioner, alleging that the petitioners had tortured her and demanded dowry from her family.
- Based on the complaint, the FIR has been registered against the petitioner for committing an offence under Section 498-A, 34 of the I.P.C. The family dispute between petitioners and the respondent was amicably settled.
- Thereafter, the petitioner has filed the petition under Section 482 of the Cr.P.C. for quashing of the charges levelled against them under Sections 498-A, 34 of I.P.C.
LEGAL PROVISIONS
- Section 498-A Indian Penal Code, 1860: Husband or relative of husband of a woman subjecting her to cruelty.
- Section 34 of IPC, 1860: Acts done by several persons in furtherance of common intention.
- Section 482 Criminal Procedure Code, 1973- Saving of inherent powers of High Court.
ISSUE
- Whether the court can allow an application under Section 482 Cr. P.C in a non-compoundable offence?
- Whether the court could quash the petition under Section 482 Cr. P.C in a matrimonial dispute and dowry case if the parties have amicably settled their dispute?
JUDGEMENT ANALYSIS
- The court had recognized the offence under S.498-A is not compoundable but in an appropriate case if the parties are willing to settle the dispute without any pressure or undue advantage. The court should direct the parties to explore the possibility through mediation. However a 'mediation' as an effective method of alternative dispute resolution in matrimonial matters
- The court mentioned that the offence registered against the petitioner which relates to the family dispute and demand of dowry has been amicably settled between the parties. Both the parties submitted that they have mutually settled their grievance without any pressure or any undue advantage to either side.
- Further, given the legal position and considering the facts and circumstances of the case, the parties have amicably settled their dispute between them and no grudge remains between them. Therefore, the court decided that there is sufficient material to form an opinion to quash the criminal proceeding initiated against the petitioners.
- Additionally, the court considered that the continuation of a criminal proceeding, in this case, will be nothing but an abuse of the process of law.
- Hence, the court had decided that the FIR in the said case is to be quashed in the interest of justice.
CONCLUSION
The Court in the present petition allowed the application of Section 482 Cr. P.C and directed no further costs. Further, the court directed that in case of filing the final report, the copy of the order is to be sent to the concerned Judicial Magistrate for the necessary compliance.
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