LexJITENDRA RAGHUVANSHI & ORS. versus BABITA RAGHUVANSHI & ANR.
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[2013] 2 S.C.R. 921 JITENDRA RAGHUVANSHI & ORS. v. BABITA RAGHUVANSHI & ANR. (Criminal Appeal No. 447 of 2013) MARCH 15, 2013 [P. SATHASIVAM, JAGDISH SINGH KHEHAR AND KURIAN JOSEPH, JJ.] A B Code of Criminal Procedure, 1973 - ss.482 and 320 - Quashing of criminal proceedings in non-compoundable C offences relating to matrimonial disputes - Ambit and scope of the inherent powers of the High Courts uls.482 CrPC - Duty of the courts to encourage genuine settlements of matrimonial disputes - Held: High Court in exercise of its inherent powers can quash criminal proceedings or FIR or complaint ih D appropriate cases in order to meet the ends of justice - s.320 CrPC does not limit or affect the powers of the High Court u/ s.482 CrPC. Question relating to the ambit and scope of the inherent powers of the High Courts under Section 482 E CrPC in quashing of the criminal proceedings in non- compoundable offences relating to matrimonial disputes arose for consideration in the present appeal. Allowing the appeal, the Court F HELD: 1.1. 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 G matrimonial disputes and the court is satisfied that the . parties have settled the same amicably and without any pressure, for the purpose of securing ends of justice, Section 320 CrPC would not be a bar to the exercise of 921 H 922 SUPREME COURT REPORTS [2013] 2 S.C.R. A power of quashing of FIR, complaint or the subsequent criminal proceedings. [Para 12) [929-B-D] 1.2. There has been an outburst of matrimonial disputes in recent times. The institution of marriage 8 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. If the parties ponder over their defaults and terminate their disputes amicably by mutual agreement instead of C 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 its extraordinary jurisdiction. It is trite to state that the power under Section 482 CrPC should be exercised sparingly and with circumspection D 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. Also exercise of such power would depend E upon the facts and circumstances of each case and it has to be exercised in appropriate cases in order to do real and substantial justice for the administration of which alone the courts exist. It is the duty of the courts to encourage genuine settlements of matrimonial disputes F and Section 482 CrPC enables the High Court and Article 142 of the Constitution enables this Court to pass such orders. [Para 13) [929-D-H; 930-A] 1.3. The High Court in exercise of its inherent powers can quash the criminal proceedings or FIR or complaint G in appropriate cases in order to meet the ends of justice and Section 320 CrPC does not limit or affect the powers of the High Court under Section 482 CrPC. [Para 14) [930-B-C] H JITENDRA RAGHUVANSHI & ORS. v. BABITA 923 RAGHUVANSHI & ANR. 2. In the instant case, it is not in dispute that after A filing of a complaint in respect of the offences punishable under Sections 498A and 406 of IPC, the parties arrived at a mutual settlement and the complainant-wife also has sworn an affidavit supporting the stand of the appellants (husband and his relatives). That was the position before B the trial Court as well as before the High Court in a petition filed under Section 482 CrPC. A perusal of the impugned order of the High Court shows that because the mutual settlement arrived at between the parties relate to non- compoundable offence, the court proceeded on a wrong c premise that it cannot be compounded and dismissed the petition filed under Section 482 CrPC. A perusal of the petition before the High Court shows that the application filed by the appellants was not for compounding of non-compoundable offences but for the 0 purpose of quashing the criminal proceedings. [Para 10] [928-D-G] 3. The inherent powers of the High
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