Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Code of Criminal Procedure 498A and 34-Quashing of criminal proceeding-For abusing process of cour 1973-Section 482-Penal Code 1860- Sections 406 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Code of Criminal Procedure, 1973-Section 482-Penal Code, 1860- Sections 406, 498A and 34-Quashing of criminal proceeding-For abusing process of court-Criminal complaint by Respondent-wife against Appellants (husband and in-laws)-Appellants filed application for grant of anticipatory bail-Settlement at the instance of Addi. Sessions Judge hearing the matter-Monetary relief to be given to Respondent-wife in full and final settlement of stridhan, dowry mehar, present and future maintenance etc.-Substantial amount paid-Rest was to be paid at the time of wife making statement and no-objection for quashing the FIR against Appellants-But when Appellants ..filed application before High Court for quashing of FIR, Respondent-wife filed objections-High Court declined to interfere on grounds that the wife did not wish to compromise and wanted to continue with her complaint-Held; On facts, denial of execution of the settlement was an afterthought on the part of Respondent-wife-Jn view of her conduct in entering into the settlement, continuance of criminal proceeding pending against Appellants would be an abuse of the process of Court-Hence the FIR quashed-Constitution of India, 1950-Article 142. Appellant No. 1 and Respondent No. I were married as per rites governing marriage under the Muslim Personal Law. Appellant No.2 is the mother of Appellant No. 1 and Appellant Nos. 3 to 5 are his sisters. Appellant No. 1 allegedly divorced Respondent No.1 and intimation thereabout was communicated to her through a legal notice. Respondent No.1 lodged First Information Report in the Women Cell against the Appellants, pursuant to which the Appellants filed an application for grant of anticipatory bail. During course of hearing of the said application, a settlement was arrived at, at the instance of the Additional Sessions Judge hearing the said matter, between the parties. The Judge by reason of an order recorded that it was settled by the parties that a sum of Rs. 2,75,000 would be paid by the Appellants-applicants to the complainant-Respondent No.1 in full and final settlement of stridhan, dowry, mehar present past and future maintenance etc., that out of that Rs. 2,25,000 would be paid on the next date of hearing by way of pay order in the name of the complainant and Rs. 50,000 would be paid at the time of complainant making statement and no objection for quashing the FIR; till then the applicants be not arrested. A written agreement to this effect was filed B before the court of the Additional Sessions Judge. In view of the aforementioned settlement, the Additional Sessions Judge allowed the application for anticipatory bail, recording that a pay order of 2.25 lakhs had been given by the Appellants to the complainant-Respondent No. 1 and that the Appellants undertake to further pay a sum of Rs. 50,000 as per the agreement. In furtherance of the said settlement, the Appellants filed application before the High Court for quashing the said FIR purported to be under Section 482, CrPC. Respondent No.1, in her reply filed before the High Court, denied any compromise; and contended that she was paid only Rs.2,25,000; and she was forced to sign some papers. In view of the stand taken by the Respondent No.1, Single Judge of the High Court refused to interfere in the matter on grounds that Respondent No.1 did not wish to compromise the matter and wanted to continue with her complaint. Hence this present appeal. |
Judge | Hon'ble Mr. Justice S.B. Sinha |
Neutral Citation | 2005 INSC 16 |
Petitioner | Mohd. Shamim And Ors. |
Respondent | Smt. Nahid Begum And Anr. |
SCR | [2005] 1 S.C.R. 152 |
Judgement Date | 2005-01-07 |
Case Number | 23 |
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