498A Quash after Settlement 22.11.2022 - Himachal Pradesh High Court - Compromise arrived between the Husband and the Wife. F.I.R Quashed.
498A Quash after Settlement 22.11.2022- In this article, Himachal Pradesh High Court held that the offenses alleged to have been committed by the husband is a petty offense and the Compromise has arrived between the wife and her husband, therefore no fruitful purpose would be served in continuing with the criminal prosecution of the husband, more so when the wife is also no more interested in pursuing the case further. There are bleak and remote chances of conviction of the husband, therefore there is no obstacle in accepting the prayer made by the husband for quashing the FIR. Therefore, the Criminal Proceedings against the husband are hereby quashed.
Case Brief- 498A Quash after Settlement 22.11.2022
According to the facts mentioned in the F.I.R. filed by the wife, the marriage between the wife and her husband was solemnized in the year 2007, and out of their wedlock two children were born.
It is stated that after the marriage, the husband and his family members started harassing the wife for bringing less dowry.
It is also stated by the wife that she was constantly tortured, harassed, and beaten by her husband under the influence of liquor.
Case Brief- 498A Quash after Settlement 22.11.2022
Upon this, the wife filed the F.I.R dated 15.6.2020 under Sections 498A, 323, and 504 IPC and Section 3 of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 registered at Women Police Station, District Mandi, Himachal Pradesh against her husband.
After the completion of the investigation, the police filed a chargesheet in the competent court of law, but before the same could be taken to its logical end, the wife and her husband, compromised the matter, whereby they resolved to settle the dispute amicably.
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Arguments- 498A Quash after Settlement 22.11.2022
The advocate appearing on behalf of the husband submitted that before the completion of the case, the wife and her husband have compromised the matter, whereby they resolved to settle the disputes amicably.
Therefore, it is prayed for the quashing of FIR as well as consequential proceedings pending in the court.
The advocate appearing on behalf of the wife submitted that the wife of her own volition and without there being any external pressure has entered into a compromise with her husband, whereby they have resolved to settle the dispute amicably.
Arguments- 498A Quash after Settlement 22.11.2022
It is also submitted that the FIR lodged by the wife was due to some misunderstanding between her and her husband, coupled with the fact that the husband has apologized for his behavior and has undertaken not to repeat the same in the future.
It is further submitted that the wife does not wish to prosecute the case against her husband and shall have no objection in quashing and setting aside the FIR in question along with consequential proceedings and the husband is acquitted of charges framed against him.
The wife, while admitting the contents of the compromise to be correct, she also admits her signature thereupon.
Arguments- 498A Quash after Settlement 22.11.2022
The Additional Advocate General stated that no fruitful purpose will be served in the case, so the FIR as well as consequent proceedings against the husband are allowed to sustain.
He further stated that otherwise also, chances of conviction of the husband are remote and bleak on account of the statement made by the wife, as such the State shall have no objection.
Therefore, it is prayed to accept the Petition for quashing of FIR along with the Consequential Proceedings.
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Referred Judgements- 498A Quash after Settlement 22.11.2022
- Narinder Singh and Others Vs. State of Punjab and another
- Gian Singh Vs. State of Punjab and Another
- Dimpey Gujral and Others Vs. Union Territory, Chandigarh, and Ors.
- Parbatbhai Aahir alias Parbatbhai Bhimsinbhai Karmur and Ors. Vs. State of Gujarat and Anr.
- CBI Vs. Maninder Singh
- State of Tamil Nadu Vs. R Vasanthi Stanley
Court’s Opinion- 498A Quash after Settlement 22.11.2022
The Supreme Court in a case has held that power under Section 482 CrPC is not to be exercised in cases that involve heinous and serious offenses of mental depravity or offenses like murder, rape, dacoity, etc. as such offenses are not private in nature and have a serious impact on society.
The offenses committed under special statutes like the Prevention of Corruption Act or the offenses committed by Public Servants while working in their capacity, such offenses are not to be quashed merely on the basis of compromise between the victim and the offender.
On the other hand, criminal cases having civil character, particularly arising out of commercial transactions or family disputes, may be quashed when the parties have resolved their entire disputes among themselves.
Court’s Opinion- 498A Quash after Settlement 22.11.2022
It was also stated by the Apex Court that the power conferred under Section 482 of the Code is to be distinguished from the power which lies in the court to compound the offenses under Section 320 of the Code.
It was further stated that under Section 482 of the Code, the High Court has inherent power to quash criminal proceedings even in those cases where the parties have settled the matter between themselves, and which are not compoundable however, this power is to be exercised sparingly and with great caution. And while exercising the inherent power of quashing under Section 482 CrPC, the court must have due regard to the nature and gravity of the crime and its social impact.
In the present case, the court stated that the offenses alleged to have been committed by the husband is a petty offense and more over compromise has arrived between the wife and her husband, and no fruitful purpose would be served in continuing with the criminal prosecution of the husband, more so when the wife is also no more interested in pursuing the case further.
Court’s Opinion- 498A Quash after Settlement 22.11.2022
Otherwise, also, there are bleak and remote chances of conviction of the husband, therefore there is no obstacle in accepting the prayer made by the husband for quashing the FIR.
In view of the above discussion, the court held that FIR dated 15.06.2020 under Sections 498A, 323, and 504 IPC and Section 3 of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 registered at Women Police Station, District Mandi, Himachal Pradesh against her husband is hereby quashed and Set aside.
Therefore, the husband is acquitted of the charges framed against him in the said FIR/ Proceedings.
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Conclusion- 498A Quash after Settlement 22.11.2022
In this article, the Himachal Pradesh High Court held that no fruitful purpose would be served in continuing with the criminal prosecution of the husband, more so when the wife is also no more interested in pursuing the case further.
It is also held that the offenses alleged to have been committed by the husband is a petty offense and more over compromise has arrived between the wife and her husband. And there are bleak and remote chances of conviction of the husband, therefore there is no obstacle in accepting the prayer made by the husband for quashing the FIR.
Therefore, the F.I.R. against the petitioner is hereby quashed.
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