Allahabad High Court Quashes FIR in Marital Dispute Case
The Allahabad High Court recently cancelled an FIR that included charges of rape, assault, and dowry harassment, after both the husband and wife reached a mutual settlement.
The case involved FIR No. 93 of 2022, filed on April 21, 2022, under Sections 376 (rape), 354 (assault), 323 (hurt), 504 (insult), 506 (criminal intimidation) of the Indian Penal Code, and Sections 3 and 4 of the Dowry Prohibition Act.
A Division Bench of Justice Dr. Kaushal Jayendra Thaker and Justice Gautam Chowdhary reviewed the case and noted that the charges arose due to marital discord. The complainant (wife) later chose to withdraw her complaint after resolving the issue with her husband.
The court observed that minor offences like Sections 323, 504, and 506 IPC are compoundable (can be settled between parties), and hence allowed their settlement. Regarding serious charges like rape (Section 376) and assault (Section 354), the court pointed out that no medical evidence was presented. Also, both parties clearly stated that they no longer wished to continue the case.
The petitioner (husband) had requested the High Court to cancel the FIR and stop any action against him. Both sides jointly confirmed in court that the dispute had been settled peacefully and they did not wish to continue the legal process.
The court also cited a recent ruling by the Gujarat High Court. It stated that criminal cases of private nature can be quashed even after conviction if the issue is not serious and the compromise does not go against public interest. The Allahabad High Court used its powers under Article 226 of the Constitution, which are broader than Section 482 CrPC, to cancel the FIR in this case.
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