Indian Penal Code, 1860
Sections 323, 406, 498A & 506—Cruelty and harassment—Quashing of FIR declined by the High Court—Appeal—Settlement arrived between parties—Once marital relationship has ended in divorce and parties have moved on in their lives individually, the continuation of criminal proceedings against family members, especially in the absence of specific and proximate allegations, serves no legitimate purpose—It only prolongs bitterness and burdens the criminal justice system with disputes that are no longer live—Law must be applied in a manner that balances the need to address genuine grievances with equally important duty to prevent its misuse—In appropriate cases, the power to quash such proceedings is essential to uphold fairness and bring quietus to personal disputes that have run their course—Power under Article 142 of the Constitution of India must be invoked to advance the cause of complete justice in this nature—Charge-sheet and all other consequent proceedings commenced pursuant thereto quashed against accused—Appeal allowed.
[Paras 16,17, 18 & 30]
Decision : Appeal allowed