Quash of an FIR can be done in matrimonial dispute, if the matter is settled amicably - Bombay HC
The Bombay High Court recently quashed an FIR registered for offences under the Indian Penal Code and Sections 3, 4 of the Dowry Prohibition Act, on the ground of matter being resolved amicably.
The Division Bench of Justice S.S. Shinde and Justice Abhay Ahuja while disposing of the petition reiterated the points held in landmark case of Gian Singh v. State of Punjab, 2012 and observed that,
"…the criminal cases having overwhelmingly and pre-dominatingly civil favour stand on different footing for the purposes of quashing, particularly the offences arising from commercial, financial, mercantile, civil, partnership or such like transactions or the offences arising out of matrimony relating to dowry, etc. or the family disputes where the wrong is basically private or personal in nature and the parties have resolved their entire dispute. In this category of cases, High Court may quash criminal proceedings if in its view, because of the compromise between the offender and victim, the possibility of conviction is remote and bleak and continuation of criminal case would put accused to great oppression and prejudice and extreme injustice would be caused to him by not quashing the criminal case despite full and complete settlement and compromise with the victim…”
The present Petition was filed under Article 226 of the Constitution of India, the Petitioners (Yuvraj Raman Jadhav & Ors.) were seeking to quash FIR registered on 19th June, 2019 by Vikhroli Police Station at Mumbai, under Sections 498(A), 406, 504, 323, 34 of the Indian Penal Code and Sections 3, 4 of the Dowry Prohibition Act, at the instance of Respondent No.2 (Jayesh Bhosle). Due to differences between the husband and wife, they sought a divorce and a petition was filed before the Family Court, Bandra which was later converted into mutual consent divorce petition under Section 13-B of the Hindu Marriage Act, 1955.
The Bench after considering the facts of the present case noted that, the present matter involved offences arising out of matrimony and was basically private in nature and the parties sought to resolve their entire dispute and due to the compromise between them, the possibility of conviction would be remote and bleak and continuation of criminal case would lead to great prejudice or injustice.
Therefore, after considering the settlement and compromise between Petitioner No.1 and Respondent No.2, the bench was inclined to allow the Petition in terms of prayer clause (a) -
“a. That this Hon’ble Court be pleased to quash and set aside the FIR No.256 of 2019, registered by Vikhroli Police Station at Mumbai, under Sections 498(A), 406, 504, 323, 34 of Indian Penal Code, and 3, 4 of Dowry Prohibition Act dated 19.06.2019 and Criminal Case No.959/PW/2020 and pending before Ld. 31st Metropolitan Magistrate’s Court at Vikhroli, Mumbai, and further be pleased to discharge the Petitioners from C.C. No.256 of 2019 under Sections 498(A), 406, 504, 323, 34 of Indian Penal Code, and 3, 4 of Dowry Prohibition Act.”
Thus, the Petition was disposed of in the above terms.
Case Title- Yuvraj Raman Jadhav v. State of Maharashtra, 2021