Allahabad High Court Quashes FIR Stemming from Marital Discord
Recently, the Allahabad High Court quashed an FIR lodged under Sections 376, 354, 323, 504, and 506 of the Indian Penal Code (IPC), and Section 3/4 of the Dowry Prohibition Act, due to a compromise between the involved parties.
A Division Bench comprising Justice Dr. Kaushal Jayendra Thaker and Justice Gautam Chowdhary observed:
“The offence stems from discordance, which led to the lodging of the impugned FIR. However, it is shown that the respondent no.3/first informant decided to give up the case. Therefore, as the offences under Sections 323, 504, and 506 IPC are compoundable, they are permitted to be compounded. As for Sections 376 and 354 IPC, it cannot be said that any offence is committed since the victim has not been medically examined and the parties have decided not to contest the matter. Hence, the FIR ought to be quashed.”
In this case, the accused (petitioner) sought the quashing of the FIR dated April 21, 2022, registered under Case Crime No. 93 of 2022. The charges included Sections 376, 354, 323, 504, and 506 of the IPC, and Section 3/4 of the Dowry Prohibition Act. The petitioner also requested a stay on his arrest concerning the FIR.
Counsel for both parties jointly submitted that the matrimonial discord had been amicably settled, and the respondent no.3 did not wish to proceed with the matter.
The Court referred to a judgment by the Gujarat High Court, stating:
“The Gujarat High Court recently held that criminal proceedings of a private nature can be quashed under Section 482 Cr.P.C. even if the trial has concluded in conviction. If the parties wish to resolve their dispute, which is not of a serious nature and not opposed to public policy, the FIR can be quashed. The powers vested under Article 226 of the Constitution are broader than those under Section 482 Cr.P.C. Therefore, by exercising these powers, this Court can quash the FIR.”
Case: CRIMINAL MISC. WRIT PETITION No. – 7878 of 2022
This ruling underscores the court’s willingness to prioritize mutual settlements and the non-contentious resolution of disputes stemming from marital discord, provided they do not contravene public policy.
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