Ain Rashid And Ors vs State Of Bihar And Ors

Heard learned counsel for the parties.

Petitioner Ain Rashid is husband and other petitioners are relations of the husband of opposite party no. 2. The petitioners have sought for quashment of entire criminal proceeding of Hawai Adda P.S. Case No. 35 of 2013, registered under Sections 448, 341, 323, 379 and 384/34 of the Indian Penal Code.

Submission is that due to matrimonial dispute several criminal cases were lodged and now the dispute has already been settled and the parties have entered into a written compromise. A copy of the compromise petition is at Annexure-2 to the brief of Cr. Misc. No. 40847 of 2018, making a specific statement that all the cases pending between the parties mentioned in the compromise petition be disposed of in pursuance of the compromise between the parties.

In the case of Parbatbhai Aahir Alias Parbatbhai Bhimsinhbhai Karmur And Others v. State of Gujarat And Another reported in 2017 (9) SCC 641, the Hon'ble Supreme Court held that whether a complaint or First Information Report should be quashed on the ground that the offender and the victim have settled the dispute, revolves ultimately on the facts and circumstances of each case and no exhaustive elaboration of the principle can be formulated.

The present application arises out of matrimonial dispute between the spouse. The parties have settled all their dispute to return to normalancy. In the circumstance, allowing of the criminal proceeding to continue would amount to allowing the parties to be on restrained relations which should not be done.

Hence, for substantial justice, the impugned order/entire criminal proceeding against the petitioners stands quashed and these applications are allowed.