What is the purpose of having a non-compoundable offence in matrimonial disputes, when honourable High Courts are quashing the same, once monetary settlements are paid by the husband to alleged ‘abused’ wife.
Time and again, we have repeatedly called this out as legal terrorism, where criminal cases are only filed on husbands and their families, to build pressure and compel them to ‘settle’ with alimony/property.
Once again, in its order dated July 4, 2022, the Punjab and Haryana High Court quashed an FIR registered under Section 498-A and Section 406 IPC, after parties approach court informing them of a mutually settlement.
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Case:
The present petition has been filed under Section 482 Cr.P.C. for quashing of FIR dated October 2019 registered under Sections 498-A and 406 IPC at Police Station Dhariwal, district Gurdaspur. The reason given for quashing the same is ‘a written compromise’ between parties (wife & husband).
In December 2020, the Punjab & Haryana High Court had issued notice of motion and in the meanwhile, directed the parties to appear before the Illaqa Magistrate/ Trial Court for recording of their respective statements with regard to the compromise/settlement between them. In turn the Illaqa Magistrate/Trial Court was directed to send a report.
In terms of the aforesaid order report dated 09.03.2021/13.05.2021 by the Chief Judicial Magistrate, Gurdaspur has been received as per which the complainant had stated that since the “entire amount as per the compromise has not been paid to her she does not admit to the compromise.”
Full Settlement Received By Wife
As on July 2022, when the present petition came up for hearing before this Court, learned counsel appearing for the petitioner (husband) submits that the agreed amount, in entirety, has been paid by the petitioner to the complainant (wife) and that on the basis of the settlement between the petitioner and the complainant they have been granted divorce by way of mutual consent.
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Punjab & Haryana High Court
The bench comprising Justice Deepak Sibal took note that the wife had received the full and final settlement amount that was agreed between her and accused husband. Accordingly, the parties have been granted divorce by mutual consent based on the said agreement.
The counsels for both the parties admitted to the above averments but it was the case of the complainant-wife that she has not been paid the entire amount of the compromise therefore, she does not admit to the compromise.
The court observed that since both the parties have admitted that their matrimonial dispute stands resolved, and a statement has been made on behalf of the complainant regarding the fact that she has no objection if the impugned FIR is quashed, this court considers continuation of the instant proceedings not desirable.
Reason to Quash FIR
The High Court went ahead and provided another reason for quashing of the criminal case by stating that since the instant proceedings that are in pursuance to the impugned FIR lodged by the complainant wife against the petitioner husband originate from a matrimonial dispute and does not pertain to heinous offence, the same should not be continued.
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In terms of the law laid down by the Supreme Court in Narinder Singh & Ors. Vs. State of Punjab & Anr. (2014) 6 SCC 466, the Court considered it just and proper to allow the petition and quash the FIR along with all proceedings arising therefrom qua the petitioner. The High Court observed,
In the light of the afore admitted position where the matrimonial dispute between the petitioner and the complainant admittedly stands resolved and a statement has been made on behalf of learned counsel appearing for the complainant before this Court that his client has no objection if the impugned FIR is quashed, this Court is of the opinion that continuation of the proceedings in pursuance to the impugned FIR got lodged by the complainant against the petitioner is not desirable and since the same originates from a matrimonial dispute and does not pertain to heinous offence, in terms of the law laid down by the Supreme Court in Narinder Singh & Ors. Vs. State of Punjab & Anr. (2014) 6 SCC 466, this Court deems it just and proper to allow the petition and resultantly quash FIR No. 123 dated 22.10.2019 registered under Sections 498-A and 406 IPC at Police Station Dhariwal, district Gurdaspur and all proceedings arising therefrom qua the petitioner.
The petition was allowed and thus disposed off.
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READ ORDER | Wife Confirms Receiving Full & Final Settlement; Punjab & Haryana High Court Quashes Case U/s #498A Calling It Matrimonial Dispute
— Voice For Men India (@voiceformenind) July 9, 2022
▪️2021: Wife stated "since entire amount as per compromise has not been paid, she did not admit to compromise"https://t.co/1PPiPSCX6U
READ FULL ORDER AT THE END OF THIS ARTICLE
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