498A IPC: Cruelty Case Can Be Quashed By High Court Under Section 482 CrPC Even After Conviction: Bombay High Court

There is no embargo on quashing a case emanating from a matrimonial dispute even after conviction when an appeal is pending, the Bombay High Court said while quashing a domestic violence case filed by the wife against her husband and in-laws. The accused in the case had been convicted by the trial court in March 2021. A division bench of Justices Anuja Prabhudessai and RM Joshi observed that the high court's powers under Section 482 of CrPC can be exercised in post-conviction matters when an appeal is pending before a judicial forum. The court noted that the parties had settled the matter and the wife had voluntarily accepted the settlement. “Considering the nature of accusations and particularly that the parties have now decided to put an end to their strained relationship and move on with life, we are of the view that this is a fit case to exercise inherent power of this Court under Section 482 of Cr.P.C. to secure the ends of justice,” it observed. The husband and his family approached the court last year for quashing the 2017 case registered under Sections 498A, 323, 504, 506 of the IPC. The couple had married in 2014. The woman alleged ill-treatment and dowry demand of Rs. 5 lakh. Following a trial, the court convicted the accused and sentenced them to six months in prison in March 2021. Before the high court, it was argued that the parties have amicably settled the dispute and the couple have separated by way of a Khula. According to the consent terms, the husband paid the wife Rs. 3.25 lakhs along with the meher amount. The court was told that an appeal against the conviction is pending. Reliance was placed on the Supreme Court's decision in Ramawatar Vs. State of Madhya Pradesh reported in 2021 SCC OnLine SC 966.In the ruling, the Supreme Court noted that in Ramgopal & Anr v. The State of Madhya Pradesh, it has been held criminal proceedings involving non-heinous offences or offences which are predominantly of a private nature, could be set aside at any stage of the proceedings, including at the appellate level. In Ramawatar, the apex court put a further caveat that the powers under Article 142 or under Section 482 Cr.P.C., be exercised in post-conviction matters only where an appeal is pending before one or the other Judicial forum."From a plain reading of this judgement, it is clear that powers under Section 482 of Cr.P.C can be exercised in post conviction matters when an appeal is pending before one or the other judicial forum. In the instant case, as noted above, it is stated that the appeal filed by the Applicants is pending before the Sessions Court, Aurangabad. Hence, there is no embargo in exercising power under Section 482 of Cr.P.C to quash present proceedings at post conviction stage, particularly considering the fact that the proceedings are emanating from the matrimonial dispute," the division bench said. The court said the woman has given no objection for quashing of the proceedings and it is stated that applicants have no other criminal antecedents. "We are satisfied that the settlement is voluntary and genuine," it said, while quashing the case.Case Title: Shaikh Shaukat S/O Majit @ Majid Patel and Ors. v. State of Maharashtra and Anr. Citation: 2023 LiveLaw (Bom) 67Click Here To Read/Download The Order

498A IPC: Cruelty Case Can Be Quashed By High Court Under Section 482 CrPC Even After Conviction: Bombay High Court

Sharmeen Hakim

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