‘Wife Failed To Comply With Own Undertaking’: SC Quashes Criminal Proceedings Against Man, Family
The marriage of the parties was solemnised on February 12, 2011, as per Hindu rites and ceremonies, and the divorce was finalised in 2021
The Supreme Court has quashed criminal proceedings initiated for an offense of dowry harassment against a man and his family members through his ex-wife, stating that she failed to abide by the terms of the settlement for dissolution of marriage that she would not seek any action in the matter.
A bench of Justices Sudhanshu Dhulia and Prashant Kumar Mishra allowed an appeal filed by Vedant Shukla and set aside the Madhya Pradesh High Court’s order which declined to quash the proceedings under Section 482 of the Criminal Procedure Code.
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As per facts of the matter, the marriage of the parties was solemnised on February 12, 2011, as per Hindu rites and ceremonies. There were no children born from the wedlock.
Due to the marital discord between the parties, an FIR was registered with Mahila Police Thana, Bhopal, for the offences punishable under Sections 498A, 506 & 34 of Indian Penal Code. The complaint was filed by the wife on October 15, 2020, alleging cruelty and criminal intimidation on the part of the husband, mother-in-law and sister-in-law.
Meanwhile, due to the mediation by relatives, friends and in-laws, there was a settlement between the parties and a joint petition under Section 13B of the Hindu Marriage Act was filed on January 9, 2021, before the court concerned and after the due process, as her statement was recorded on September 9, 2021, their marriage was dissolved by decree of divorce on September 13, 2021.
The counsel for the appellants submitted that even prior to the grant of decree of divorce, in criminal proceedings initiated by the wife, a chargesheet was filed before the Magistrate concerned on December 19, 2020. He said nothing further happened in the case and even charges have not been framed as of now.
Meanwhile, in the joint petition filed in the Family Court at Bhopal, where petitioner No. 1 is the wife, it was inter-alia recorded that both the parties agree that the complaint filed by the petitioner No. 1 under Section 498A of the Indian Penal Code 1860 should be resolved on or before the finalisation of this particular petition.
Thereafter, the statement of the wife was also recorded on September 9, 2021, which inter-alia reads as: “I had lodged a report of dowry harassment against Vedant Shukla and his family in the Mahila Police Station Bhopal, I will not take any action in that matter in the concerned competent forum/Court."
Since the respondent-wife did not comply with the undertaking, a petition was filed under Section 482 of the Code of Criminal Procedure by the appellant No. 1 before the high court, bringing all the relevant facts for quashing the proceedings.
Nevertheless, the said petition of the appellant No. 1 was dismissed by the high court for the reason given by the judge: “I am of the considered view that a criminal case under Sections 498A, 506 & 34 of the IPC cannot be quashed merely on the basis of a statement recorded in Family Court in a petition for mutual divorce by the parties."
The apex court bench, however, said: “Be that as it may, we have gone through the FIR, apart from making their statement regarding demand of dowry criminal intimidation etc, there are no details of such an incident."
The court noted the counsel for the appellants relied upon the judgment of this court in the cases of “Ruchi Agarwal Vs Amit Kumar Agrawal & Ors (2005) and in “Mohd Shamim & Ors Vs Nahid Begum (Smt) & Anr (2005) where on the similar conduct of the wife, criminal proceedings were indeed quashed.
Allowing this appeal and setting aside the order of the high court of October 19, 2023, the bench quashed the criminal proceedings arising out of the FIR registered with Mahila Police Thana, Bhopal for the offences punishable under Sections 498A, 506 & 34 of Indian Penal Code.
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