The Patna High Court recently held that “if the matter relates to matrimonial disputes and the Court is satisfied that the dispute has been settled by the parties amicably, there would be no bar under Section 320 of the Code of Criminal Procedure (hereinafter referred to as “Cr.P.C.”) for the exercise of inherent power.”
This statement by the Court was made while allowing a petition filed for quashing the order dated 22.10.2019 passed by S.D.J.M., whereby the court took cognizance against the petitioners under Sections 498 (A)/34 of the Indian penal Code (hereinafter referred to as IPC) and Section 4 of the Dowry & Prohibition Act.
Brief Facts:
The complainant was married to petitioner No. 1 under Hindu ritual & custom. It was alleged that petitioners and others started demanding a four-wheeler vehicle and due to non-fulfilment of demand of dowry, the complainant was being harassed. It is further alleged that the husband transferred 10,000/ rupees in the account of the complainant for abortion but the female child was born on 09.02.2019. On 15.06.2019, the complainant went to her Sasural but the mother and elder brother of the complainant’s husband threatened her and asked them to fix an amount of Rs. 20 lakhs in the name of newly born child then only the complainant will be allowed to enter in the matrimonial house. Consequently, a complaint was filed and the cognizance was taken by learned S.D.J.M.
Contentions of the Petitioner:
The Learned Counsel for the Petitioner submitted that during the pendency of the present case, both parties are living happily at their workplace and leading their conjugal life and have filed a joint compromise petition.
Contentions of the Respondent:
The Learned Counsel for the Respondent does not oppose the submission made on behalf of the learned counsel for the petitioners and supports the submission that all the disputes have been settled and the opposite party no. 2 does not want to proceed further in the matter.
Observations of the Court:
The Court noted that the inherent powers of the High Court under Section 482 of the Cr.P.C. are wide and unfettered. The apex court has upheld the powers of the High Court under Section 482 of the Cr.P.C. to quash the criminal proceedings where the dispute is private and the compromise is entered into between the parties, who are willing to settle their differences amicably.
The Court observed that the High Court may quash criminal proceedings or FIR or complaint in the exercise of its inherent power under Section 482 of the Cr.P.C. which is unaffected by the provisions of Section 320 Cr.P.C. The Court said that if the matter relates to matrimonial disputes and the Court is satisfied that the dispute has been settled by the parties amicably, there would be no bar under Section 320 of the Cr.P.C. for the exercise of inherent power of the quashing of the First Information Report, complaint or the subsequent criminal proceedings even if the offenses are non-compoundable.
The decision of the Court:
The Patna High Court, allowing the petition, held that allowing the further proceedings to continue in the trial court would not be in the interest of justice as the same may lead to unnecessary harassment, agony, and pain.
Case Title: Somesh Sharma & Ors. v The State of Bihar & Anr.
Coram: Hon’ble Justice Alok Kumar Pandey
Case no.: CRIMINAL MISCELLANEOUS No.17588 of 2020
Advocate for the Petitioner: Mr. Vijay Anand
Advocate for the Respondents: Mr. Arun Kumar Singh
Read Judgment @LatestLaws.com
Picture Source :
