Gujarat HC Quashes 498A Case After Wife Settles Matrimonial Dispute And Plans Consent Divorce

The petitioners sought quashing under Articles 226 and 227 of the Constitution and Section 482 of the Code of Criminal Procedure, 1973, of an FIR registered at Mendarda Police Station for offences under Sections 323, 498A, 504 and 506(2), read with Section 114 of the Indian Penal Code, and the resulting charge-sheet and Criminal Case No. 31 of 2024.

The complainant and petitioners settled their matrimonial dispute and the complainant filed an affidavit stating that the settlement was voluntary, that the parties intended to seek divorce by consent, and that she had no objection to quashing the proceedings.

The State opposed the petition, relying on the seriousness of the allegations.

The Court exercised its jurisdiction under Articles 226 and 227 of the Constitution and Section 482 CrPC to consider quashing the FIR and consequential proceedings.

It relied on Gian Singh v. State of Punjab, Madan Mohan Abbot v. State of Punjab, Nikhil Merchant v. CBI, Manoj Sharma v. State, Narinder Singh v. State of Punjab and State of Haryana v. Bhajanlal. Applying those authorities, the Court treated an amicable settlement in the matrimonial dispute, the complainant’s voluntary consent, and the prospect that continued proceedings would be futile and an abuse of process as grounds supporting quashing to secure the ends of justice.

The Court considered the complainant’s affidavit, which recorded the settlement, the parties’ intention to seek divorce by consent, and her voluntary decision not to prosecute, without threat or pressure.

Although the State opposed quashing on the basis of the seriousness of the allegations, the Court concluded that, in light of the settlement and the authorities cited, continuing the prosecution would unnecessarily harass the petitioners, make the trial futile and amount to an abuse of process.

Rule was made absolute; direct service was permitted.