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Judgment
Heard.
Admit. Heard finally by consent of the learned counsels for the parties.
By the present application, filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), the applicants seek quashing of First Information Report (FIR) No.7/2026 registered with Police Station Khadan, Dist. Akola for the offence punishable under Sections 115(2), 3(5), 351(2), 352 and 85 of the Bharatiya Nyaya Sanhita, 2023 (BNS), consequent charge-sheet no.125/2026 and RCC No.639/2026 pending on the file of learned 6th Jt. Judicial Magistrate First Class, Akola.
The brief facts of the case are as under:-
Applicant no.1 is the husband and applicant nos. 2 to 5 are the relatives of the husband of the complainant/non-applicant no.2. The marriage of applicant no.1 and the complainant was solemnized on 06.12.2023. After the marriage, the complainant went to reside with the applicants. However, she alleged that she was not given any freedom in the matrimonial house. The applicants allegedly used to deliberately point out her shortcomings, humiliate her and treat her with indifference. They also allegedly taunted her on account of inadequate dowry. Applicant no.1 would frequently remain annoyed with the complainant and would not share the bedroom with her. Consequently, the complainant started residing in her parental house. Thereafter, she lodged a complaint with the police, levelling various allegations against the applicants. On the basis of the said complaint lodged by the complainant, the aforesaid offence came to be registered against the applicants.
It is common ground that the matter has been amicably settled between the parties. The complainant is personally present in the Court and duly identified by her counsel. She tendered a reply-cum-affidavit across the bar, which is taken on record and marked as “X” for identification. It is contended by the complainant in the affidavit that the matter has been amicably settled between the applicant no.1 and the complainant and both of them have decided to part their ways. A petition for mutual divorce is also pending before the Family Court, Akola. The complainant further contended in the affidavit that she does not want to prosecute the applicants and has no objection if the FIR and the consequent proceedings arising out of the said FIR is quashed against the applicants. On enquiry, the complainant reiterated the contents of the affidavit and stated that she does not wants to prosecute the applicants and has no objections if the proceedings against the applicants are quashed.
So far as, the settlement in matter pertaining to Section 498-A of the IPC [corresponding Section 85 of the BNS] is concerned, reliance can be placed on the decision in the case of B. S. Joshi v. State of Haryana [(2003) 4 SCC 675], wherein the Supreme Court in para no. 14 has held as under:-
“14.There is no doubt that the object of introducing Chapter XX-A containing Section 498-A in the Penal Code, 1860 was to prevent torture to a woman by her husband or by relatives of her husband. Section 498-A was added with a view to punishing a husband and his relatives who harass or torture the wife to coerce her or her relatives to satisfy unlawful demands of dowry. The hyper-technical view would be counterproductive and would act against interests of women and against the object for which this provision was added. There is every likelihood that non-exercise of inherent power to quash the proceedings to meet the ends of justice would prevent women from settling earlier. That is not the object of Chapter XX-A of the Penal Code, 1860.”
The Supreme Court in the decision in case of Narinder Singh v. State of Punjab [(2014) 6 SCC 466], in para nos.29.1 and 29.2, has held as under:-
“29.1.Power conferred under Section 482 of the Code is to be distinguished from the power which lies in the Court to compound the offences under Section 320 of the Code. No doubt, under Section 482 of the Code, the High Court has inherent power to quash the criminal proceedings even in those cases which are not compoundable, where the parties have settled the matter between themselves. However, this power is to be exercised sparingly and with caution.
29.2.When the parties have reached the settlement and on that basis petition for quashing the criminal proceedings is filed, the guiding factor in such cases would be to secure:
(i)ends of justice, or
(ii)to prevent abuse of the process of any court.
While exercising the power the High Court is to form an opinion on either of the aforesaid two objectives.”
The dispute arose due a matrimonial discord and the parties have now decided to move ahead in their life and decided to part their way. Rather, a petition for grant of mutual decree of divorce is pending before the Family Court, Akola. Since, the parties have mutually settled the dispute therefore, continuation of present proceedings may be a hindrance to the parties in leading their future live peacefully. Moreover, there are bleak and rare chances of the prosecution to culminate into conviction on account of settlement. Therefore, a case is made out for exercising the inherent powers of this Court for quashing of FIR and consequent proceeding arising out of the said FIR. Hence, I proceed to pass the following order:-
Hence, I proceed to pass the following order:-
The application is allowed.
ii) FIR No.7/2026 registered with Police Station Khadan, Dist. Akola for the offence punishable under Sections 115(2), 3(5), 351(2), 352 and 85 of the BNS, consequent charge-sheet no.125/2026 and RCC No.639/2026 pending on the file of learned 6th Jt. Judicial Magistrate First Class, Akola are hereby quashed and set aside subject to deposit of costs of Rs.10,000/- (Rs. Ten Thousand) in “Public Welfare Fund” with Union Bank of India, High Court Branch, Nagpur having account no. 129712010001014 and IFSC Code UBIN0812978 by the applicants.