DNA Special: FIR can be quashed if parties resolve marriage cases: SC

Expressing concern over the increasing number of matrimonial cases pending in courts across the country, the Supreme Court has ruled that courts should exercise their jurisdiction and quash FIRs if parties agree to reach an amicable solution.

A bench headed by Justice P Sathasivam said, “It is the duty of the courts to encourage genuine settlements of matrimonial disputes, particularly, when the same are on considerable increase. Even if the offences are non-compoundable, if they relate to matrimonial disputes and the court is satisfied that the parties have settled the same amicably and without any pressure, we hold that for the purpose of securing ends of justice, Section 320 of the Code would not be a bar to the exercise of power of quashing of FIR, complaint or the subsequent criminal proceedings.”

The court’s direction will help reducing the pendency of matrimonial cases in various courts.

“There has been an outburst of matrimonial disputes in recent times. The institution of marriage occupies an important place and it has an important role to play in the society. Therefore, every effort should be made in the interest of the individuals in order to enable them to settle down in life and live peacefully,” the bench said.

“If the parties ponder over their defaults and terminate their disputes amicably by mutual agreement instead of fighting it out in a court of law, in order to do complete justice in the matrimonial matters, the courts should be less hesitant in exercising their extraordinary jurisdiction,” the bench ruled while deciding the appeal filed by a couple aggrieved by the Madhya Pradesh high court.

The couple who got married in 2002. Due to certain misunderstandings, the wife filed a case against n her husband and in-laws under section 498A and section 406. However, when the case was pending in court, the couple amicably settled their differences in 2012 and approached the court for quashing of FIR in
the case.

“It is trite to state that the power under Section 482 should be exercised sparingly and with circumspection only when the court is convinced, on the basis of material on record, that allowing the proceedings to continue would be an abuse of the process of the court or that the ends of justice require that the proceedings ought to be quashed. We also make it clear that exercise of such power would depend upon the facts and circumstances of each case,” the court said.

@sardakanu