Powers u/S 482 CrPC Can Be Exercised Post Conviction & Pending Appeal: Bombay High Court Quashes Domestic Violence Case

The Aurangabad Bench of the Bombay High Court has recently held that powers under Section 482 of the Code of Criminal Procedure (CrPc) can be exercised in post-conviction matters when an appeal is pending before one or the other judicial forum.

Court quashed a case of domestic violence filed against a husband and his parents after they were convicted by the magistrate court.

The wife had registered a case against her husband and his parents for demanding a dowry of Rs. 5 lakhs. She had alleged that she was subjected to physical and mental cruelty for not meeting the unlawful demand. She had also claimed that she left her matrimonial home due to the ill-treatment meted out to her. Based on the allegations, the aforesaid crime came to be registered.

The crime was investigated by the police and a chargesheet came to be filed. The husband and his parents pleaded not guilty before the court. After hearing the parties, the magistrate court sentenced the husband and his parents to simple imprisonment of 6 months and a fine of Rs. 2000 each. Being aggrieved by the said conviction and sentence the husband and his parents filed an appeal in the District and Sessions Court, Aurangabad, which was pending for hearing.

During the hearing before the High Court for quashing of the case, the counsel informed the court that the case was settled between the husband and the wife. The court was informed that the husband and the wife were separated and as per consent terms, the wife was paid Rs. 3,25,000 along with Meher amount.

The court while quashing the case noted that powers under Section 482 of CrPC can be exercised post-conviction. The order read,

“From a plain reading of this judgement, it is clear that powers under Section 482 of Cr.P.C can be exercised in post conviction matters when an appeal is pending before one or the other judicial forum.”

The order further read as,

“In the instant case, as noted above, it is stated that the appeal filed by the Applicants is pending before the Sessions Court, Aurangabad. Hence, there is no embargo in exercising power under Section 482 of Cr.P.C to quash present proceedings at post conviction stage, particularly considering the fact that the proceedings are emanating from the matrimonial dispute.”

The bench further said that it was a fit case was exercising inherent jurisdiction. The order stated,

“Considering the nature of accusations and particularly that the parties have now decided to put an end to their strained relationship and move on with life, we are of the view that this is a fit case to exercise inherent power of this Court under Section 482 of Cr.P.C. to secure the ends of justice.”

Case Title: Shaikh Shaukat vs State of Maharashtra

Statue: Code of Criminal Procedure 1973, Indian Penal Code 1860