The Allahabad High Court recently dismissed an FIR filed under Sections 376, 354, 323, 504, 506 of the Indian Penal Code (IPC) and Section 3/4 of the Dowry Prohibition Act. The decision came after the parties involved reached a compromise.
A Division Bench, comprising Justice Dr. Kaushal Jayendra Thaker and Justice Gautam Chowdhary, observed that the case arose from marital discord, which led to the filing of the FIR. However, since the first informant (Respondent No. 3) decided to withdraw the complaint, the court allowed the offences under Sections 323, 504, and 506 IPC to be compounded, as these are compoundable offences.
Regarding the charges under Sections 376 and 354 IPC, the court noted that there was no evidence of any offence, as the victim had not undergone a medical examination. Additionally, since both parties agreed not to pursue the case further, the court deemed it appropriate to quash the FIR.
The accused, in this case, had approached the High Court to quash the FIR dated April 21, 2022, registered as Case Crime No. 93 of 2022 under the specified sections, and to prevent his arrest.
The lawyers representing both sides informed the court that the matrimonial issues had been resolved amicably and that the complainant did not wish to continue with the case.
The court also referenced a judgment by the Gujarat High Court, which stated that criminal proceedings of a private nature could be quashed under Section 482 of the Criminal Procedure Code (Cr.P.C.), even if the trial has resulted in a conviction. This is possible when the parties wish to settle their dispute, provided it is not of a serious nature and does not go against public policy. The Allahabad High Court noted that its powers under Article 226 of the Constitution are broader than those under Section 482 Cr.P.C., allowing it to quash such FIRs.
Case: CRIMINAL MISC. WRIT PETITION No. 7878 of 2022
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