High Court may quash non-compoundable matrimonial offences under Section 482 CrPC after parties amicably settle.

The applicant sought quashing of the charge-sheet dated 12 January 2021, the order dated 19 February 2021, and the criminal proceedings in Criminal Case No. 1839 of 2021, State v. Ajay Jatav & Another, pending before the Additional Chief Judicial Magistrate, Haldwani.

During the pendency of the petition, the applicant and respondent no. 2, Sarika Kumari, entered into an amicable settlement arising from their matrimonial dispute. They had also filed a divorce suit before the Principal Judge, Family Court, Haldwani.

Respondent no. 2 stated that she no longer wished to prosecute the applicant, and the State raised no objection to the settlement or quashing of the proceedings.

A compounding application was consequently filed under the settlement.

1. Whether the criminal proceedings arising from a matrimonial dispute could be quashed under Section 482 of the Code of Criminal Procedure, 1973, on the basis of a settlement between the accused and the complainant, notwithstanding that the offences were non-compoundable.

2. Whether, in view of the complainant’s express decision not to pursue the prosecution, continuation of the criminal proceedings would serve any useful purpose.

The Court applied the inherent jurisdiction under Section 482 of the Code of Criminal Procedure, 1973, to prevent abuse of the process of court and secure the ends of justice.

It relied on B.S. Joshi v. State of Haryana, (2003) 4 SCC 675; Nikhil Merchant v. CBI, (2008) 9 SCC 650; Gian Singh v. State of Punjab, (2012) 10 SCC 303; and Dimpey Gujral v. Union Territory of Chandigarh, Transfer Petition (Criminal) No. 115 of 2012, decided on 6 December 2012, for the principle that criminal proceedings involving essentially private or matrimonial disputes may be quashed under Section 482 CrPC after a genuine settlement, even where the offences are technically non-compoundable.

The Court further applied the principle that continuation of proceedings would be futile where the complainant has settled the dispute and does not wish to support the prosecution.

The Court treated the dispute as matrimonial and essentially private in nature.

Both parties personally confirmed the settlement and their decision to part ways through divorce proceedings, while respondent no. 2 expressly stated that she did not wish to prosecute the applicant further.

Since the State had no objection and the settlement resolved the underlying dispute, the Court found that compelling the parties to undergo a criminal trial would serve no useful purpose.

Applying the principles governing the exercise of inherent powers under Section 482 CrPC, the Court held that quashing was justified to secure the ends of justice and avoid a futile prosecution.

The charge-sheet dated 12 January 2021, the order dated 19 February 2021, and the entire proceedings in Criminal Case No. 1839 of 2021 were quashed qua the applicant, Ajay Jatav only.

The criminal miscellaneous application and any pending applications were accordingly disposed of.