Allow Cookies!
By using our website, you agree to the use of cookies
An application was filed before the Allahabad High Court under Section 482 of the Code of Criminal Procedure (CrPC) in a matrimonial case.
The present case has had a long judicial history where initially, an FIR was filed against the wife by the parents of the husband under Section 156(3) and further under 309 of the Indian Penal Code (IPC). In response to this the applicant of the present case, the wife, had registered an FIR against the husband and his family members under Sections 498A, 323, 307, 504, and 506 of the IPC. Cognizance of the FIR lodged by the wife was taken by the Magistrate, however, an interim order without any action coercive against the accused was granted by the court.
Following these events, both the parties settled the disputes outside the court and have jointly filed for divorce under Section 13B of the Hindu Marriage Act. Having arrived at a settlement, the applicant in the present case has filed an application to withdraw all the charges lodged against the husband and his family. It was submitted by the applicant that the opposite party has also filed an application and withdrawn the FIR lodged against her.
Noting the events of the case and the submission made by the applicant, the court recognized that the present case was mainly a matrimonial dispute. Stating that there was no dispute in the fact that a settlement was reached between the parties while the case was still pending, a verification of the withdrawal of the FIRs was sought by the court. Upon receiving such conformation from the Chief Judicial Magistrate, the court quashed the criminal proceedings against both the parties and stated that precedents set by the court have at numerous occasions stated that where an application is filed for quashing of a particular case on the basis of a compromise between the parties, even a non-compoundable offense can be quashed. Further stating that such compromise outside of court is especially encouraged in cases of matrimonial disputes, the court allowed the petition under Section 482 of CrPC.
86540
103860
630
114
59824