Vijay vs State Of Maharashtra & Anr.

. Heard. Admit.

Heard finally with the consent of the learned Counsel for the parties.

Present application is preferred by the applicants, who are the sister-in-law and husband for quashing and setting aside the First Information Report (for short ‘FIR’) vide Crime No.0840/2022 dated 02.12.2022 registered with Police Station Khadan, District Akola for the offence punishable under Sections 323, 498-A, 504 and 506 of the Indian Penal Code and consequent proceeding arising out of the same bearing RCC No.314/2023.

The crime is registered on the basis of a report lodged by Dhanshree w/o Naveen Dabhade on an allegation that her marriage was performed with Naveen Dabhade prior to six years. After marriage, she resumed the cohabitation, but she was not treated well and she was subjected for ill-treatment. On the basis of the said report, police have registered the crime against the present applicants.

During the pendency of this application, the parties arrived at a settlement and now the husband and wife i.e. the informant and her husband are residing together and they have settled their disputes amicably. As far as the present applicants are concerned, who are the sister-in-law and her husband of the informant. The general nature of allegations are against them and in view of settlement, they are seeking quashing of FIR.

The applicants and the non-applicant No.2 appeared through video conferencing. The contents of the settlement terms are verified from them and they have agreed and accepted for the same.

In view of the observation of the Hon’ble Apex Court in the case of Gian Singh Vs. State of Punjab and another reported in MANU/SC/0781/2012 wherein the Hon’ble Apex Court observed that where the High Court quashes a criminal proceeding having regard to the fact that the dispute between the offender and the victim has been settled, although the offences are not compoundable, it does so as in its opinion, continuation of criminal proceedings will be an exercise in futility and justice in the case demands that the dispute between the parties is put to an end and peace is restored, securing the ends of justice being the ultimate guiding factor. In this regard a specific reference was made to offences arising out of arising out of matrimony, particularly relating to dowry, etc. or the family dispute, where the wrong is basically to the victim but the offender and victim have settled all disputes between them amicably, irrespective of the fact that such offences have not been made compoundable. The High Court may, within the framework of its inherent power, quash the criminal proceeding or criminal complaint or FIR if it is satisfied that on the face of such settlement, there is hardly any likelihood of the offender being convicted and by not quashing the criminal proceedings, justice shall be casualty and ends of justice shall be defeated.

Though the offences are non-compoundable one but considering that the matter is amicably settled, the application deserves to be allowed. Accordingly, we proceed to pass following order.