The Bombay High Court allowed an application filed under Section 482 of the Code of Criminal Procedure to quash the criminal proceedings for the offences punishable under Sections 498-A, 323, 504, and 506 read with 34 of the Indian Penal Code. The court observed that there is no embargo in exercising power under Section 482 of Cr.P.C to quash the proceedings at the post-conviction stage.
Brief Facts:
The marriage of Applicant no.1 and Respondent no. 2 was solemnized on 31.05.2014. There was a rift in the matrimonial ties between Respondent No. 2 and Applicant No.1, which led to the filing of the first information report. In the FIR, Respondent No. 2 alleged that the Applicants demanded a dowry of Rs. 5,00,000/- and that they subjected her to physical and mental cruelty for not meeting the unlawful demand. She claimed that she left her matrimonial home due to the ill-treatment meted out to her.
Learned Magistrate held the Applicants guilty of offences punishable under Sections 498-A, and 323 read with Section 34 of the Indian Penal Code. Being aggrieved by the said conviction and sentence, the Applicants preferred Criminal Appeal before learned District and Sessions Judge, Aurangabad, which is pending.
Learned Counsel for the Applicants and learned Counsel for Respondent No. 2 stated that during the pendency of the Appeal, the parties settled the dispute amicably.
Observations of the Court
The Court observed that powers under Section 482 of Cr.P.C can be exercised in post-conviction matters when an appeal is pending before one or the other judicial forum. The appeal filed by the Applicants is pending before the Sessions Court, Aurangabad. Hence, there is no embargo in exercising power under Section 482 of Cr.P.C to quash present proceedings at the post-conviction stage. The Court emphasized the fact that the proceedings are emanating from the matrimonial dispute.
The Court considered the nature of the accusations and observed that it is a fit case to exercise its inherent power under Section 482 of Cr.P.C. to secure the ends of justice.
The decision of the Court:
The Bombay High Court, allowing the application, held that the criminal proceedings against the applicants are quashed and set aside
Case Title: Shaikh Shaukat v The State of Maharashtra & Anr.
Coram: Hon’ble Justice Anuja Prabhudessai and Hon’ble Justice R.M. Joshi
Case no.: CRIMINAL APPLICATION NO. 229 OF 2022
Advocate for the Applicant: Mr. A.H.M. Vakil
Advocate for the Respondent: Mr. A.R. Kale and Mr. W.A. Shaikh
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