This Court quashed criminal proceedings under Section 498(A) IPC after the parties settled the matter and resumed a peaceful marital life.
Criminal proceedings PRC Case No. 3233/2019 pending before JMFC, Barpeta were quashed and set aside.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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GAHC010081822020
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Crl.Pet./322/2020
ABU SAMA MIYA AND 2 ORS.
S/O- SHAHJAHAN ALI, R/O- VILL- BHAKUWAMARI, P.O. KAYAKUCHI, P.S. AND DIST.- BARPETA, ASSAM
2: HIRU MIYA
3: MAYORI KHATU
VERSUS
THE STATE OF ASSAM AND ANR. REP. BY P.P., ASSAM
2:MOINA KHATU
Advocate for the Petitioner : MR. R ALI
Advocate for the Respondent : PP, ASSAM
BEFORE
HON’BLE MRS. JUSTICE RUMI KUMARI PHUKAN
ORDER
09.11.2020
Heard the learned counsel for the petitioner as well as the learned counsel for the informant, present today and the learned Additional Public Prosecutor.
The informant/respondent No. 2 lodged the FIR against the present petitioners, who were husband and in-laws, alleging torture upon her, as a result of which, PRC Case No. 3233/2019 (arising out of Barpeta PS case No. 1342/2017, under Sections 498 (A)/323/34 IPC) was registered and the case
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was also charge sheeted under Section 498 (A) IPC, vide CS No. 346/2019 dated 30.04.2019, which is now pending before the learned trial Court. Amidst the trial, the petitioners approached this Court with this present petition under Section 482 CrPC, for quashing the entire proceeding pending before the Court, on the ground that they have already settled the matter and that they are living a peaceful conjugal life with their three children and now, they are not interested to pursue the case any further.
I have heard the submissions of learned counsel for both the parties and also the documents annexed.
Ofcourse, the matter relates to matrimonial relation and the informant by swearing an affidavit vide Annexure-IV, has submitted that as the matter has already been settled between the parties and she is leading a peaceful conjugal life with the present petitioner and other family members, so, she has decided not to proceed with the case in the interest of her conjugal life with the petitioner. Further, the learned counsel appearing for the informant has also supported the content of the said affidavit and has submitted that he has no objection if the present petition is allowed and the proceeding is quashed as both the parties have already restored their marital relation and living peacefully.
Having heard the entirety of the matter and also the submissions of both the sides that they are already continuing their marital relation peacefully without any disturbance, interest of justice demands that they should be allowed to continue their marital life without any criminal proceeding(s) against each other. The matrimonial offence is a separate class of offence, where the parties can settle the matter at any point of time in the interest of the family and this has happened in the present case. Although Section 498 A IPC is not compoundable , the scope of Section 482 is wide enough to consider the subsequent conduct/affairs of the parties concerned. As it appears from the submissions of both the parties, it will be abuse of the process of law if such criminal proceeding is allowed to continue on the basis of the FIR so filed by the informant/respondent No. 2. The learned Additional Public Prosecutor has also not raised any objection to the prayer made by the parties before this Court.
Considering all these above and the materials on record, further proceeding of the aforesaid PRC Case No. 3233/2019 (arising out of Barpeta PS case No. 1342/2017, under Sections 498 (A)/323/34 IPC), pending before the Court of learned JMFC, Barpeta, is hereby quashed and set aside.
Accordingly, the criminal petition stands disposed of.
JUDGE
Comparing Assistant
2 issues framed by the court
Whether criminal proceedings for matrimonial offence should be quashed upon settlement and resumption of marital life.
Whether abuse of process of law warrants quashing of proceeding under Section 482 CrPC when parties have settled the matter.
2 provisions across 2 enactments
Abu Sama Miya and 2 Ors.
The State of Assam
Rumi Kumari Phukan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
