Quashing of non-compounding case when parties are settled their issues out of the court

by | Mar 28, 2017

My wife has filed a false case against me in order to compel me for meeting her demand. She is not willing to live with me because she has affair with a man and she wants to live with him. Her parents are also taking her favour therefore they demand huge amount of money for mutual divorce.

I was unable to  fulfil their demand so that they started fighting and threatened me to face dire consequences. After some time, she approached me to return all the goods and money expended in her marriage. I denied to return a single penny because it was unfair demand.

Thereafter she filed a false case of cruelty and sodomy against me. We have settled our disputed consequently we want to get rid of criminal cases. My advocate says that sodomy is a non compoundable offence therefore it cannot be compounded under section 320 crpc, please advise.

Question from - Criminal Law | Quashing

This criminal case is undesirable consequence of matrimonial dispute. Therefore if victim i.e. your wife is ready to withdraw this case with a view to start a new life then court may quash it under section 482 of the CrPC. The court will admit your petition irrespective of the fact that some offences are non-compoundable.

Section 482 of the code of criminal procedure confers wide power to the High Court. Generally court does not quash non compoundable offence because it gives wrong signal in society. More serious offences are categorized as non compoundable offence because they affect the society at large. Section 320 of the code of criminal procedure provides a list of compoundable offence. The offences not mentioned in the list are non-compoundable offence.

Since it is a false case and your wife is ready to withdraw then you should initiate proceeding for quashing. Your petition is maintainable however sodomy is a non-compoundable offence.

In Yogendra Yadav v. State of Jharkhand, (2014) 9 SCC 653; the Supreme Court has held that

“the High Court can quash a criminal proceeding in exercise of its power under Section 482 of the Code having regard to the fact that the parties have amicably settled their disputes and the victim has no objection, even though the offences are non-compoundable.” 

The Supreme Court has reiterated the same decision in Gian Singh v. State of Punjab, (2012) 10 SCC 303. Above all where alleged offence is wholly personal and does not affect the society then the court can quash the case in exercise of its power under Section 482 of the Code.

But in B.S. Joshi v. State of Haryana, (2003) 4 SCC 675; the supreme court has held that court can quash the criminal proceeding between parties to the marriage (husband-wife) if they have reached a conclusion that their marriage should be dissolved and a compromise deed has prepared by them to settle their issue out of the court.

The court can quash the criminal proceeding when there is no probability of conviction. A lame proceeding does not serve interest of justice therefore no need to carry on that lame proceeding.

In Narinder Singh vs State of Punjab, (2014) 6 SCC 466; the High Courts accepted the compromise between the parties and quash the non compoundable offence. When victim has no objection to quash the proceeding then quashing becomes justified to:

  • Secure ends of justice, or
  • Prevent abuse of process of the court.

Therefore, in the interest of justice the High Court can quash the proceeding if some non-compoundable offences are alleged therein. So in your case you should file a petition before the High Court under section 482 of the code of criminal procedure for quashing of criminal proceeding.

 Image courtesy – pixabay.com

Ask A Question

You can ask your question to Mr Shivendra Pratap Singh, (Advocate, High Court Allahabad, Lucknow Bench)

Sexual intercourse by making a false promise of marriage

The Supreme Court held that sexual intercourse by taking consent on the false promise of marriage amounts to the offence of rape. As far as section 90 & 375 IPC is concerned, if the consent was taken by the misconception of fact, i.e. the false promise of marriage, it is not a valid consent and accused shall be punished for the offence of rape

Sexual intercourse by false promise of marriage

I have a relationship with my boyfriend for two years; recently, I came to know that he is going to marry another girl. I quarrelled with him, but he is saying that you don't have status and beauty how I can marry you? However, we had a physical relationship for that...

My aunt harassing my uncle for property

My uncle has one adopted daughter. He has a self-acquired property. His wife is torturing him to give all property to her. But my uncle wants to give the property to his daughter. His wife creating so much drama and spreading falls statement on my uncle. With the help...

Further investigation is being conducted with mala-fide intention

My girlfriend has filed a false case of sexual harassment. She filed FIR under section 354 A of the Indian penal code. Indeed, she induced me to establish a sexual relationship with the sole purpose to extort money. I trapped on the web; I had sent some WhatsApp...

quick Advice

Get A Quick Advice

Book an appointment for 15 minutes and consult with an expert over the phone within minutes

Talk to a Lawyer Today!

Book a phone consultation for 30 minutes and get solid advice on the phone

Contact a lawyer in Lucknow

30 Min. Consultation

Subscribe

Join Our Newsletter

Subscribe our newsletter to get our news as well as important legal updates of Supreme Court & High Courts

Share via