HP HC | FIR in non-compoundable offences pertaining to matrimonial disputes can be quashed if the parties have settled dispute amicably

Himachal Pradesh High Court: Chander Bhusan Barowalia, J. allowed a petition filed under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR registered for offences under Sections 498-A and 506 of the Penal Code, 1860, on the ground that parties had entered into a compromise.

In the present case, the petitioner-husband and respondent-wife were married according to Hindu rites. After five years of their marriage, the wife left her matrimonial home and went to live with her parents in Shimla. She later filed an FIR under Sections 498-A and 502 of IPC against the husband. However, the parties later entered into a compromise and in order to maintain their cordial relation, they did not want to pursue cases against each other. Thus, the present petition was filed by the husband under Section 482 of CrPC requesting the court to quash the FIR filed against him along with the cases based upon it.

Learned counsel for the petitioner, R. L. Verma, contended that as the parties have compromised the matter, no purpose would be served by keeping the matter alive, hence the FIR, along with the subsequent proceedings should be quashed by the Court.

Learned counsel for the respondent, Dinesh Bhatia, prayed that the petition may be allowed in view of the compromise arrived between the parties.

The Court relied upon the judgment in Jitendra Raghuvanshi v. Babita Raghuvanshi, (2013) 4 SCC 58 where it was held that even in non-compoundable offences pertaining to matrimonial disputes, if Court is satisfied that parties have settled the disputes amicably and without any pressure, then for purpose of securing ends of justice, FIR/complaint or subsequent criminal proceedings in respect of offences can be quashed.

In view of the above, the petition was allowed and FIR against petitioner, along with its subsequent proceedings, was quashed.[Dharmender Mathur v. State of H.P., 2019 SCC OnLine HP 585, decided on 08-05-2019]

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