Del HC | Law regarding quashing of FIR in non-compoundable offence under S. 498-A IPC culled out

Delhi High Court: R.K. Gauba, J., referring to the relevant authority on the subject, allowed a petition filed under Section 482 CrPC for quashing of an FIR registered under Sections 498-A and 406 read with Section 34 IPC.

The parties were married to each other. The wife had lodged the aforesaid FIR against her husband and in-laws. Investigation concluded, the police filed a charge-sheet and cognizance was taken. Subsequently, the parties reached a settlement as per which they agreed to obtain a divorce and terminate the present criminal case. Consequent to the same, the present petition was moved and the wife supported the same.

The High Court noted pertinently that the offence under Section 498-A is a non-compoundable offence. Thereafter, it cited various decisions of the Supreme Court and the observations therein which pertain to the law on the present subject.

Reliance was placed upon B.S. Joshi v. State of Haryana, (2003) 4 SCC 675 wherein it was stated, “…the ends of justice are higher than the ends of mere law…”, Gian Singh v. State of Punjab, (2012) 10 SCC 303 was also quoted wherein the Supreme Court observed, “…the power of compounding of offences given to a court under Section 320 is materially different from the quashing of criminal proceedings by the High Court in exercise of its inherent jurisdiction.” Further reliance was placed on Jitendra Raghuvanshi v. Babita Raghuvanshi, (2013) 4 SCC 58 wherein it was held, “… it is the duty of the courts to encourage genuine settlements of matrimonial disputes…”

Following the well-settled principle that continuing criminal action which arose essentially out of the matrimonial dispute and where parties decide to hurry the hatchet, will be an abuse of judicial process, the Court allowed the petition and quashed the subject FIR and proceedings arising therefrom. [Naman Jethani v. State, 2019 SCC OnLine Del 7681, Order dated 14-02-2019]

One comment

  • Wow one fails to understand the intent of the writer here, is it a first of a kind quashing or is it coz justice gauba is retiring hence he should be in the media?? FIR’s arising out of Matrimonial cases have been quashed following settlements since forever. ?

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