Uttarakhand High Court Quashes Criminal Proceedings Amid Amicable Settlement in Matrimonial Dispute

Court Exercises Inherent Powers to Quash FIR Under Criminal Procedure Code, 1973 for Ensuring Justice

In a significant ruling, the Uttarakhand High Court has quashed criminal proceedings in a matrimonial dispute involving Ahmad Wasid and others against the State of Uttarakhand. The judgment, delivered by Justice Pankaj Purohit, underscores the court's inherent powers to quash FIRs under Section 482 of the Criminal Procedure Code, 1973, now referenced as Section 528 under the Bharatiya Nagarik Suraksha Sanhita, 2023. The parties involved had reached an amicable settlement, prompting the court to intervene in securing justice and preventing the abuse of legal processes.

The case, registered under Sections 323, 504, 506 of the Indian Penal Code and Sections 3/4 of the Muslim Woman (Protection of Rights on Marriage) Act, 2019, was initiated following an FIR in August 2023. The dispute between Ahmad Wasid and Smt. Shaista, who are husband and wife, was settled through a compromise deed, agreeing on a permanent alimony payment of Rs.7,50,000. The court acknowledged the bleak possibility of conviction and deemed the continuation of criminal proceedings as contrary to the interest of justice.

Justice Purohit referenced landmark judgments from the Supreme Court, including B.S. Joshi v. State of Haryana and Gian Singh v. State of Punjab, to reinforce the notion that the High Court's inherent powers are distinct from compounding powers under Section 320 of CrPC. These powers are vital for quashing proceedings where a compromise has been reached, ensuring fairness and justice.

The court's decision to allow the compounding application and quash the proceedings reflects a judicial commitment to uphold justice and facilitate amicable resolutions in matrimonial disputes, where the chances of conviction are minimal. This ruling sets a precedent for future cases where amicable settlements can avert lengthy and potentially unjust legal processes.

Bottom Line:

High Court can exercise its inherent power under Section 482 of CrPC (Section 528 of BNSS, 2023) to quash criminal proceedings or FIR in cases where the offender and victim have settled their dispute amicably and continuation of proceedings would be contrary to justice.

Statutory provision(s):  

• - Section 482 CrPC (Section 528 of BNSS, 2023)
• - Section 320 CrPC
• - Sections 323, 504, 506 IPC
• - Sections 3/4 of Muslim Woman (Protection of Rights on Marriage) Act, 2019

Ahmad Wasid v. State of Uttarakhand, (Uttarakhand) : Law Finder Doc Id # 2810882