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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, the applicants seek quashing of First Information Report (FIR) No.484/2024 registered with Police Station Bharshitakli, Dist. Akola for the offence punishable under Sections 85, 115(2), 351(2) and 352 of the Bharatiya Nyaya Sanhita, 2023 (BNS), consequent charge-sheet No.3/2025 and RCC No.6/2025 pending of the file of learned Judicial Magistrate First Class, Barshitakli on account of settlement between the parties.
The brief facts of the case, as per the charge-sheet, are as under:-Applicant no.1 is the husband, applicant no.2 is the father-in-law, applicant no.3 is the mother-in-law and applicant no.4 is the sister-in-law of the complainant/non-applicant no.2 respectively. The marriage of applicant no.1 and the complainant was solemnized on 12.05.2018. After marriage, the complainant went to reside with the applicants. Thereafter, the complainant alleged that the applicants started asking her to bring an amount of Rs.1,50,000/- from her parental house for purchase of a plot. On this count, they used to abused and harass the complainant. After the death of the elder son of the complainant, the applicants blamed her for his death and on this count they used to harass the complainant physically and mentally. Therefore, on the basis of the 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 an affidavit-cum-reply across the bar, which is taken on record and marked as “X” for identification. The complainant and applicant no.1 are residing together happily from last two years. They have resolved their misunderstanding and issues. Hence, the complainant is not interested in prosecuting the applicants in the present prosecution. On enquiry, the complainant has reiterated the contents of the affidavit and submitted that she has no objection if the FIR and the consequent proceedings are quashed against the applicants.
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 present dispute arose due a matrimonial discord and now it has been settled by the complainant and applicant no.1. The complainant and applicant no.1 are residing together and they are living happy marital life. The complainant has no objection if the FIR and the consequent proceeding against the applicants are quashed. Since, the matter arose due to a matrimonial discord and now everything has been sorted out, there are bleak and rare chances of conviction. Therefore, the pendency of the present case may be a hindrance for the complainant and the applicants in leading their future life peacefully. Therefore, a case is made out for quashing the FIR and consequent proceeding arising out of the said FIR by exercising the inherent power of this Court. Hence, I proceed to pass the following order:-
The application is allowed.
ii) FIR No.484/2024 registered with Police Station Bharshitakli, Dist. Akola for the offence punishable under Sections 85, 115(2), 351(2) and 352 of the BNS, consequent charge-sheet No.3/2025 and RCC No.6/2025 pending of the file of learned Judicial Magistrate First Class, Barshitakli are hereby quashed and set aside subject to deposit of total 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.