Criminal Proceedings Arising From Matrimonial Disputes May Be Quashed Upon Amicable Settlement To Prevent Abuse Of Process

The applicants (father-in-law, mother-in-law, and sister-in-law) sought the quashing of a charge sheet and a summoning/cognizance order dated 24.01.2024 in Criminal Case No. 63 of 2024.

The case originated from a matrimonial dispute where Respondent No. 2 (the informant) filed an F.I.R. alleging harassment and dowry demands under Sections 313, 323, 504, 498-A of the IPC and Sections 3/4 of the Dowry Prohibition Act.

During the pendency of the proceedings, the parties amicably resolved their differences through a settlement and agreed to dissolve the marriage by mutual consent.

A compounding application was filed stating that the respondent no longer wished to prosecute.

1. Whether the High Court should exercise its inherent powers to quash criminal proceedings arising from a matrimonial dispute when the parties have reached an amicable settlement.

The Court primarily exercised its inherent jurisdiction under Section 482 of the Cr.P.C. (analogous to Section 528 of the B.N.S.S.) to prevent the abuse of the process of law.

It relied on the precedent set in *B.S. Joshi vs. State of Haryana (2003)*, which permits quashing matrimonial disputes to secure justice.

It further applied the principles from *Gian Singh vs. State of Punjab (2012)* and *Narinder Singh vs. State of Punjab (2014)*, which establish that proceedings of a personal or civil nature should be quashed if a settlement is reached and further prosecution would be futile.

Additionally, it referred to *Parbatbhai Aahir vs. State of Gujarat (2017)* regarding the broad principles of securing the ends of justice.

The Court observed that the dispute was purely matrimonial and private, stemming from personal differences rather than heinous crimes affecting public interest.

Upon interacting with the parties via video conferencing, the Court verified the legitimacy and voluntariness of the settlement.

Applying the cited precedents, the Court reasoned that because the marriage was being dissolved by mutual consent and the settlement had been fully acted upon, continuing the criminal trial would be a futile exercise and an abuse of the judicial process.

The Court noted that even though the State Counsel formally opposed the application, the factum of the settlement was not disputed.

The Court held that to secure the ends of justice, the charge sheet, the summoning order dated 24.01.2024, and the entire proceedings in Criminal Case No. 63 of 2024 pending before the Additional Chief Judicial Magistrate, Laksar, are quashed qua the applicants.