Recently, the Allahabad High Court quashed an FIR lodged for under Sections 376, 354, 323, 504, 506 I.P.C. and Section 3/4 of Dowry Prohibition Act, considering the compromise between the parties.

A Division Bench of Justice Dr. Kaushal Jayendra Thaker and Justice Gautam Chowdhary observed:

“The offence stems out discordance, which is a reason for lodging of the impugned F.I.R, but it is shown that the respondent no.3/first informant decided to give up the case and therefore, as the offence under Section 323, 504, 506 I.P.C. are compoundable, the same are permitted as compounded. So far as the Sections 376, 354 I.P.C. is concerned, it cannot be said that any offence is committed as the victim has not been medically examined and also in view of the fact that once the parties have decided that they do not wish to contest the matter, the F.I.R. ought to have be quashed.”

In this case the Accused (petitioner) moved to High Court seeking quashing of the first information report dated 21.04.2022 registered in Case Crime No. 93 of 2022 under Sections 376, 354, 323, 504, 506 I.P.C. and Section 3/4 of Dowry Prohibition Act, and for staying his arrest in respect of the FIR.

Counsel for both the parties jointly submitted that the matrimonial discord between the parties have been amicably settled and that the respondent no.3 does not to proceed with the matter.

The Court referred to the Judgement of Gujarat HC stating that:

“The Gujarat High Court has recently held that criminal proceedings of private nature can be quashed under Section 482 Cr.P.C. even if the trial has concluded in conviction, in case, if the parties wants to resolve their dispute, which is not of serious nature and the dispute is not one, which is opposed to public policy. The powers vested under Article 226 of the Constitution are much more than under Section 482 Cr.P.C and therefore by exercising the said powers, this Court can quashed the F.I.R. “

Case :- CRIMINAL MISC. WRIT PETITION No. – 7878 of 2022