Criminal Procedure Code, 1973
Section 482—Inherent powers of High Court—Exercise of—Section 482 CrPC acknowledges the inherent power of the high court to secure the ends of justice—In cases where the offences are not compoundable in nature, the parties on account of an amicable settlement invoke the inherent power under Section 482 Cr.P.C. for quashing the proceedings on the plea that continuance thereof would merely be an abuse of process of law—In the matrimonial disputes, if the parties have settled the matter between themselves amicably, it is the duty of Courts to encourage the same.
[Para 6]
Indian Penal Code, 1860
Sections 323, 354 & 377—Molestation, Unnatural Sex and Physical Beatings—Petition for quashing of FIR on ground of settlement—FIR was lodged on the statement of complainant-second respondent making allegations against her husband and her father in law—There would be no purpose of continuing with the trial as the parties have entered into the settlement voluntarily without any fear, force and coercion, and have decided to give quietus to the proceedings—It was a matrimonial dispute which has been amicably settled and thus the parties must be given a chance to live together peacefully—FIR quashed as prayed for.
[Paras 7 & 8]
Decision : Petition allowed