The Gauhati High Court allowed a criminal petition under Section 482 Cr.P.C to quash an FIR registered for offences including Sections 498A IPC. The Court quashed the FIR as the matrimonial dispute was settled and parties resumed living together.
The FIR dated 08.09.2019 registered under Sections 498A, 312, 377, 354 IPC was quashed.
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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GAHC040000752020
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH)
Case No. : Crl.Petn. 4/2020
1:Karyum Bagra Ete
W/o Shri Geli Etee, aged about 26 years, permanent Resident of village Bene, PO/PS Aalo, Dist. West siang, AP,
2: Geli Ete S/o Lt. Tage aged about 34 years permanent resident of village Bene PO/PS Aalo Dist. West Siang A VERSUS 1:THE STATE OF AP represented by the PP of AP
Advocate for the Petitioner : Kemo Lollen
Advocate for the Respondent : P P of AP
BEFORE
HONBLE MR. JUSTICE KALYAN RAI SURANA
ORDER
Date : 04-02-2020
Heard Mr. K. Lollen, the learned counsel for the petitioner and Mr. J. Tsering, the learned Additional Public Prosecutor for the State.
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2. It is submitted by the learned counsel for the petitioner that the petitioner No.1 is the wife of the petitioner No.2 and they were married in 2019 after 9 years of live-inrelationship. It is submitted that due to misunderstanding between the parties, the petitioner No.1 lodged an FIR which was registered as Aalo P.S Case No.82/2019 dated 08.09.2019 under Sections 498(A)/312/377/354 IPC.
3. Thereafter, the parties have negotiated and settled their dispute by entering into a settlement agreement dated 16.01.2020, by which the petitioner No.1 had forgiven the petitioner No.2 and she had agreed to withdraw the FIR dated 08.09.2019. In this application, it is projected that both the parties are residing together in the same matrimonial home by burying all their difference. Hence, it is prayed that the Court may invoke the power under Section 482 Cr.P.C to quash the said FIR so as to enable both the petitioners to amicably live their matrimonial live as wife and husband.
4. The learned Additional Public Prosecutor for the State, submits that in light of the mutual agreement dated 16.01.2020, the State would not create any impediment in the matrimonial life of the petitioners.
5. On considering the said mutual agreement dated 16.01.2020, as the matrimonial disputes has been settled by the petitioners and they are residing in same household as wife and husband, this is an appropriate case where this Court would be inclined to invoke the jurisdiction under Section 482 Cr.P.C and to quash the FIR dated 08.09.2019 registered as Aalo P.S Case No.82/2019 under Sections 498(A)/312/377/354 IPC. In exercising the inherit jurisdiction, this Court is of the considered opinion that in view of the settlement of disputes, there is hardly any chance of the conviction of the petitioner No.2 and moreover, as the nature of dispute is a purely matrimonial dispute, the process of settlement would not be against the public policy.
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6. Accordingly, this petition stands allowed by quashing of the said FIR dated 08.09.2019, registered as Aalo P.S Case No.82/2019 under Sections 498(A)/312/377/354 IPC.
7. A copy of the order may be provided to the learned Additional Public Prosecutor for the State so as to apprise the Aalo P.S of the order.
JUDGE
Comparing Assistant
3 issues framed by the court
Whether the Court can invoke jurisdiction under Section 482 Cr.P.C to quash an FIR for matrimonial disputes settled by the parties.
Whether the quashing of the FIR against the petitioner would be against public policy.
Whether the First Information Report should be quashed in light of the settlement agreement and restoration of marital life.
1 provisions across 1 enactments
Karyum Bagra Ete
Geli Ete
The State of AP
Kalyan Rai Surana
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
