Criminal Proceedings Inter-Se Parties Can Be Quashed If They Have Genuinely Settled Matrimonial Disputes : Supreme Court
The Supreme Court observed that criminal proceedings inter-se parties in cases of offences relating to matrimonial disputes can be quashed if the Court is satisfied that the parties have genuinely settled the disputes amicably.In this case, the husband was charged under Sections 498A, 427, 504 and 506 of the Indian Penal Code pursuant to an FIR lodged by the wife. The couple entered into...
The Supreme Court observed that criminal proceedings inter-se parties in cases of offences relating to matrimonial disputes can be quashed if the Court is satisfied that the parties have genuinely settled the disputes amicably.
In this case, the husband was charged under Sections 498A, 427, 504 and 506 of the Indian Penal Code pursuant to an FIR lodged by the wife. The couple entered into a settlement agreement and a decree of divorce by mutual consent was granted to them. The parties also agreed that FIR and the proceedings arising therefrom should be quashed. However, the Karnataka High Court rejected the prayer to quash the criminal proceedings against the husband.
In appeal, the Apex Court noted that the appellant is an officer in the Border Security Force and as per the job requirement, he has to serve in different parts of the country, and thus would be put to harassment.
Referring to decisions in Jitendra Raghuvanshi and Others v. Babita Raghuvanshi and Another, (2013) 4 SCC 58 and B.S. Joshi and Others v. State of Haryana and Another, (2003) 4 SCC 675, the court observed.
"This court has held that in cases of offences relating to matrimonial disputes, if the Court is satisfied that the parties have genuinely settled the disputes amicably, then for the purpose of securing ends of justice, criminal proceedings inter-se parties can be quashed by exercising the powers under Article 142 of the Constitution of India or even under Section 482 of Code of Criminal Procedure, 1973.",
The bench therefore allowed the appeal by quashing the criminal proceedings against the appellant.
Case details
Rangappa Javoor vs State Of Karnataka | 2023 LiveLaw (SC) 74 | SLP(Crl) Diary 33313/2019 | 30 Jan 2023 | Justices Sanjiv Khanna and M M Sundresh
For Petitioner(s) Mr. Anand Sanjay M. Nuli, Adv. Ms. Akhila Wali, Adv. Mr. Dharm Singh, Adv. Mr. Nanda Kumar, Adv. Mr. Agam Sharma, Adv. Mr. Suraj Kaushik, Adv. Mr. Shiva Swaroop, Adv. M/S. Nuli & Nuli, AOR
For Respondent(s) Mr. Shubhranshu Padhi, AOR Mr. Vishal Banshal, Adv. Mrs. Rajeshwari Shankar, Adv. Mr. Niroop Sukrithi, Adv. Mr. Ovais Moh., Adv
Constitution of India, 1950 ; Article 142 - Code of Criminal Procedure, 1973 ; Section 482 - In cases of offences relating to matrimonial disputes, if the Court is satisfied that the parties have genuinely settled the disputes amicably, then for the purpose of securing ends of justice, criminal proceedings inter-se parties can be quashed.