MADDURI GANGARAJU @ BABU RAOversusMADDURI SUNANDA & OTHERS
- Citation
- 2025 INSC 991
- Decided
- 30 July 2025
- Disposal
- Appeal(s) allowed
- Bench
- B V NAGARATHNA
Holding
The Supreme Court held that when parties have obtained a final divorce decree and have entered into a full and final settlement via Lok Adalat, the criminal proceedings under sections 494 and 498A IPC must be quashed under the Court’s powers under Article 142 of the Constitution.
Summary
The marriage between Madduri Venkateswara Rao and Madduri Sunanda was dissolved by a California divorce decree in 2007. After returning to India, Sunanda filed a matrimonial suit, a domestic violence case, and an FIR under sections 494 and 498A IPC against her husband and his relatives. The parties later resolved all disputes through a Lok Adalat settlement in 2022, wherein Sunanda agreed to withdraw all pending cases. The High Court had refused to quash the criminal proceedings, prompting an appeal to the Supreme Court. Relying on its powers under Article 142 and precedents that criminal law should not be used to harass parties who have amicably settled, the Court quashed the FIR and all related proceedings and set aside the High Court order. The appeals were allowed, effecting a complete dismissal of the criminal case.
Issues considered
- Whether criminal proceedings filed under sections 494 and 498A IPC after a divorce and subsequent settlement should be quashed under Section 482 CrPC and Article 142 of the Constitution.
- Whether a full and final settlement effected through Lok Adalat precludes the continuation of criminal prosecution.
- Whether the High Court erred in refusing to exercise its inherent powers to quash the proceedings.
Legislation cited
- Code of Criminal Procedure, 1973s. 482
- Constitution of Indias. Article 142
- Domestic Violence Act, 2005s. 12
- Indian Penal Code, 1860s. 494, s. 498A
- Legal Services Authority Act, 1987s. 21
Headnote
Issue for Consideration Whether the criminal proceedings filed against the appellants in-laws by respondent No.1-wife subsequent to the dissolution of the marriage between her and her husband and also when both the parties had agreed for an amicable compromise to settle all disputes, Headnotes† Code of Criminal Procedure, 1973 – s.482 – Quashing – Constitution of India – Art.142 – Invocation of – Complaint and FIR filed against the appellants u/ss.494 and 498A, IPC by respondent No.1-wife subsequent to the dissolution of the
Subjects
Judgment
[2025] 7 S.C.R. 2073 : 2025 INSC 991
Madduri Gangaraju @ Babu Rao
v.
Madduri Sunanda & Others
(Criminal Appeal No(s). 1802-1803 of 2013)
30 July 2025
[B.V. Nagarathna* and K.V. Viswanathan, JJ.]
Issue for Consideration
Whether the criminal proceedings filed against the appellants
in-laws by respondent No.1-wife subsequent to the dissolution of
the marriage between her and her husband and also when both
the parties had agreed for an amicable compromise to settle all
disputes, ought to be quashed.
Headnotes†
Code of Criminal Procedure, 1973 – s.482 – Quashing –
Constitution of India – Art.142 – Invocation of – Complaint
and FIR filed against the appellants u/ss.494 and 498A, IPC
by respondent No.1-wife subsequent to the dissolution of the
marriage between her and her husband – Appellants sought
quashing thereof, rejected by High Court – Further, in the suit
filed by respondent No.1 w.r.t a gift settlement deed, both the
parties had agreed for an amicable compromise to settle all
disputes before Lok Adalat – Whether, the complaint and FIR
against the appellants, ought to be quashed:
Held: Yes – There is a decree of divorce which has attained finality
and the parties have parted ways – The Complaint and FIR against
the appellants was filed by respondent No.1 subsequent to the
dissolution of the marriage – Furthermore, by way of the order
passed by the Lok Adalat in Lok Adalat, a full and final settlement
of all claims was effectuated between the parties by way of which
all the differences between them have come to be resolved – Once
the parties have genuinely settled all their differences amicably,
the continuation of criminal proceedings between the parties
serves no legitimate purpose and would only be an instance of
harassment to the appellants having regard to the peculiar facts of
the case – The complaint and all proceedings arising out of the said
complaint made by respondent No.1, quashed – Invoking powers
* Author
2074 [2025] 7 S.C.R.
Supreme Court Reports
u/Art.142, the FIR u/ss.494 and 498A, IPC and all other criminal
proceedings commenced pursuant thereto also quashed – Penal
Code, 1860 – ss.494 and 498A. [Paras 16, 22]
Case Law Cited
Dara Lakshmi Narayana v. State of Telangana [2024] 12 SCR 559 :
(2025) 3 SCC 735; Mala Kar v. State of Uttarakhand, Criminal
Appeal No. 1684 of 2024 dated 19.03.2024 (“Mala Kar”); Arun
Jain v. State of NCT of Delhi, Special Leave Petition (Criminal)
No. 9178 of 2018 dated 01.04.2024 (“Arun Jain”); Ramawatar v.
State of Madhya Pradesh [2021] 10 SCR 499 : (2022) 13 SCC
635; State of M.P. v. Laxmi Narayan [2019] 2 SCR 864 : (2019)
5 SCC 688; Gian Singh v. State of Punjab [2012] 8 SCR 753 :
(2012) 10 SCC 303; Naushey Ali v. State of U.P. [2025] 3 SCR
289 : (2025) 4 SCC 78 – relied on.
List of Acts
Code of Criminal Procedure, 1973; Constitution of India; Penal
Code, 1860; Domestic Violence Act, 2005.
List of Keywords
Complaint and FIR filed subsequent to the dissolution of the
marriage; Section 482 of Code of Criminal Procedure, 1973;
Quashing; Article 142 of the Constitution of India; Settlement; Full
and final settlement of all claims; Decree of divorce; Parties parted
ways; Settlement between the parties; Amicable compromise to
settle all the disputes; Abuse of the process of law; Disputes settled;
Complaint and FIR quashed; Ends of Justice; Inherent powers.
Case Arising From
CRIMINAL APPELLATE JURISDICTION: Criminal Appeal No(s).
1802-1803 of 2013
From the Judgment and Order dated 30.03.2012 of the High Court
of AP at Hyderabad in CRLP No(s). 5270 and 7262 of 2011
Appearances for Parties
Advs. for the Appellant:
S. Wasim A. Qadri, Sr. Adv., Lakshmi Raman Singh, Tamim Qadri,
Saeed Qadri, Saahil Gupta, Danish Ali, Ms. Radha Meena.
[2025] 7 S.C.R. 2075
Madduri Gangaraju @ Babu Rao v. Madduri Sunanda & Others
Advs. for the Respondents:
K. P. Sundar Rao, Vinay Kumar Gupta, Sumit Panwar, Wajeeh
Shafiq, C. K. Rai, Guntur Pramod Kumar, Ms. Prerna Singh,
Dhruv Yadav.
Judgment / Order of the Supreme Court
Judgment
Nagarathna, J.
Being aggrieved by the common order dated 30.03.2012 passed by
the High Court of Judicature, Andhra Pradesh at Hyderabad whereby
the High Court while disposing of Criminal Petition Nos.5270 &
7262 of 2011 refused to quash the legal proceedings initiated by
respondent No.1, Smt. Madduri Sunanda, against her husband,
Sri Madduri Venkateswara Rao, and original appellants Nos.1 to 3.
Appellant Nos.1 and 2 who were father-in-law and mother-in-law
of respondent No.1 respectively died during the pendency of these
appeals and therefore the appeals have stood abated vis-à-vis them.
Appellant No.3 is the brother-in-law of respondent No.1.
2. Briefly stated, the facts of this case are that the marriage between
Sri Madduri Venkateswara Rao (hereinafter referred to as “husband”,
for the sake of convenience) and respondent No.1 was solemnized
on 01.05.2001. Both of them moved to the United States of America
on 02.10.2002. After about three years, the relationship between the
husband and the wife turned sour and consequently, both parties
mutually decided to seek divorce and the same was granted by the
Superior Court of California, County of Alameda on 15.03.2007.
3. Upon returning to India, on 05.11.2008, respondent No.1 filed
a matrimonial suit being O.P. No.1298 of 2008 seeking relief of
restitution of conjugal rights. She subsequently filed a police complaint
on 20.11.2008 against her husband that finally culminated into
Complaint Case No.991 of 2010 before the court of Additional Chief
Metropolitan Magistrate, Visakhapatnam. Meanwhile, respondent
No.1 moved a motion before the Superior Court of California to set
aside the judgment of divorce, which was dismissed on 19.01.2010.
On 08.11.2010, respondent No.1 filed a case under Section 12 of
the Protection of Women from Domestic Violence Act, 2005 being
2076 [2025] 7 S.C.R.
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DVC No. 30 of 2010 before the court of III Metropolitan Magistrate,
Visakhapatnam alleging cruelty by the husband and the appellants
herein. Thereafter, she also filed FIR No.28 of 2011 dated 18.03.2011
against the appellants at Gollaparlu Police Station, East Godavari
District under Sections 494 and 498A of the Indian Penal Code,
1860 (for short, “IPC”).
4. Aggrieved by the multiple legal proceedings initiated by respondent
No.1, the husband and the appellants filed Criminal Petition
No.5270/2011 on 28.06.2011 before the High Court of Andhra Pradesh
challenging Complaint Case No.991/2010. Furthermore, they filed
Criminal Petition No.7262/2011 challenging DVC No.30/2010. The
husband also filed Criminal Petition No.2851/2011 under Section
482 of the Code of Criminal Procedure, 1973 (hereinafter “CrPC”)
seeking to quash FIR No.28 of 2011.
5. The High Court clubbed the aforementioned Criminal Petition
Nos.2851/2011, 5270/2011 and 7262/2011 and disposed them of
by the impugned common order dated 30.03.2012. The High Court
dismissed all the three criminal petitions observing that respondent
No.1 and her husband had lived together before, during and after
the divorce proceedings and respondent No.1 had given birth to a
child during the pendency of the divorce proceedings. Hence, the
High Court refused to exercise its powers under Section 482 CrPC
to quash the criminal proceedings initiated by respondent No.1.
6. Aggrieved by the impugned common order of the High Court, the
appellants have preferred the present appeals. This Court, vide order
dated 17.08.2012, issued notice to the respondents and granted
stay of further proceedings initiated by respondent No.1 against
the appellants. Further, considering that the matter could be settled
through mediation, this Court vide order dated 04.07.2013, directed
the parties to appear before the Mediation Centre at the High Court
of Andhra Pradesh at Hyderabad. Mediation was unsuccessful.
Thereafter, this Court granted leave vide order dated 18.10.2013.
7. During the pendency of the proceedings before this Court, it appears
that respondent No.1 preferred OS No.9 of 2014 on the file of XII
Additional District Court, Pithapuram, seeking to set aside a gift
settlement deed that was entered into between her husband and
respondent No.1 on 06.10.2006 wherein a certain property was
transferred from respondent No.1 to her husband. On agreement of
[2025] 7 S.C.R. 2077
Madduri Gangaraju @ Babu Rao v. Madduri Sunanda & Others
the parties, they were referred to the Lok Adalat vide Lok Adalat Case
No.436/2022 and they resultantly agreed for an amicable compromise
to settle all the disputes. Consequently, the Lok Adalat deemed it fit
to pass an award under Section 21 of the Legal Services Authority
Act, 1987 on 28.12.2022. The award is extracted hereinbelow:
“AWARD U/S.21 OF THE LEGAL SERVICES
AUTHORITY ACT, 1987
Plaintiffs and defendant and counsel for plaintiffs and
defendant are present before Lok Adalat and they agreed
for the following terms:
i) The plaintiffs admitted that the gift settlement deed
dated 06.10.2006 executed by the 1st plaintiff in the name
of the defendant is validly executed and admits that the
defendant is the absolute owner and possessor of the
plaint schedule property by virtue of the gift settlement
deed dated 06.10.2006.
ii) It is settled between the parties that the plaint schedule
property has to be disposed of as early as possible by
the defendant herein and out of the sale proceeds, 50%
of the proceeds of such sale proceeds must be given to
the 1st plaintiff.
iii) In view of the compromise between the parties, the
defendant herein paid an amount of Rs.20,00,000/-
(Rupees twenty lakhs only) to the 1st plaintiff which is
agreed to be adjusted in the 50% of sale consideration
to be given by the defendant to the 1st plaintiff.
iv) In view of the compromise arrived in between the 1st
plaintiff and the defendant, 1st plaintiff agreed to withdraw
her contests in all pending cases before various Courts filed
by her. In view of the compromise arrived in between the
parties, the 1st plaintiff herein agreed to withdraw all cases
including pending appeals before the Hon’ble High Court
of Andhra Pradesh and Supreme Court and cooperate
with the defendant to file compromise memos before the
Courts concerned and intimate about their compromise
before the Courts concerned.
2078 [2025] 7 S.C.R.
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v) The 1st plaintiff herein thought that there will not be any
chance for cohabitation in between the 1st plaintiff and
the defendant, the 1st plaintiff will take separate steps by
way of filing petitions before the competent Court of law
for dissolution of marriage between the 1st plaintiff and
the defendant.
vi) In view of the compromise arrived in between the
parties, both parties agreed not to make any future claims
against each other relating to the properties in any manner
whatsoever. The 1st plaintiff also agreed not to make any
claim against the defendant in any manner either for herself
or for the daughter Hasini.
Accordingly, award is passed in terms of compromise.
1st Plaintiff is entitled for refund of court fee.
Both parties have been explained the terms of award in
Telugu language and that they understood the terms of
compromise and affixed their signatures in evidence of
their consent for the terms of award.”
8. This Court, for the purpose of withdrawal of the cases from the
concerned Trial Courts, ordered vide order dated 30.01.2025 that
the interim order dated 17.08.2012 would not be an impediment.
9. There is no representation on behalf of the respondent-State. In
the circumstances, we have heard learned senior counsel for the
appellant and learned counsel for respondent No.1.
10. Sri S. Wasim A. Qadri, learned senior counsel for the appellant
submitted that there has been a settlement between the parties
through Lok Adalat Case No.436/2022. A copy of the Settlement is
submitted across the bar. He submitted that the marriage between
respondent No.1 and her husband was dissolved by a decree of
divorce vide order dated 15.03.2007 which has attained finality.
The complaint under the provisions of Domestic Violence Act was
made thereafter by respondent No.1 herein. In the circumstances,
by exercising jurisdiction under Article 142 of the Constitution of
India, this Court may quash the said complaint and all proceedings
arising out of the said complaint which in any case were stayed by
this Court vide order dated 17.08.2012.
[2025] 7 S.C.R. 2079
Madduri Gangaraju @ Babu Rao v. Madduri Sunanda & Others
11. Mr. K.P. Sundar Rao, learned counsel appearing for respondent
No.1, submitted that the High Court was right in dismissing the
petition filed under Section 482 CrPC and there is no merit in these
appeals. Alternatively, he submitted that appropriate orders may be
passed in this appeal.
12. This Court, in Dara Lakshmi Narayana vs. State of Telangana,
(2025) 3 SCC 735, has clearly held that family members of the
husband ought not to be unnecessarily roped into criminal proceedings
arising out of matrimonial discord. The Court observed that it has
become a recurring tendency to implicate every member of the
husband’s family, irrespective of their role or actual involvement,
merely because a dispute has arisen between the spouses. It was
further held that where the allegations are bereft of specific particulars,
and particularly where the relatives sought to be prosecuted are
residing separately or have had no connection with the matrimonial
home, allowing the prosecution to proceed would amount to an abuse
of the process of law. The Court noted that criminal law is not to be
deployed as an instrument of harassment and that judicial scrutiny
must be exercised to guard against such misuse.
13. Furthermore, this Court has consistently taken the view that where
the matrimonial relationship has come to an end by way of divorce,
and the parties have since settled into their respective lives, criminal
prosecution emanating from that past relationship ought not to be
permitted to linger as a means of harassment. In the cases of Mala
Kar vs. State Of Uttarakhand, Criminal Appeal No.1684 of 2024
dated 19.03.2024 (“Mala Kar”) and Arun Jain vs. State of NCT
of Delhi, Special Leave Petition (Criminal) No.9178 of 2018
dated 01.04.2024 (“Arun Jain”), this Court, while exercising its
powers under Article 142 of the Constitution of India, quashed the
criminal proceedings arising out of matrimonial discord against the
husband. The Court took note of the fact that the couple therein
had divorced and held that in such a situation, to continue with
criminal prosecution would amount to abuse of the process of law.
The reasoning adopted therein applies with equal force to the facts
of the present case. Paragraph 12 of Mala Kar and the relevant
paragraph in Arun Jain are extracted respectively as under:
“12. Following the aforesaid judgment, in the instant case,
we have already noted that there has been a decree of
divorce passed between the parties dated 18.10.2014. It
2080 [2025] 7 S.C.R.
Supreme Court Reports
is thereafter that on 06.04.2015, the FIR was registered in
respect of the criminal complaint filed on 09.08.2014. More
significantly, both the appellant No.2 and respondent No.2
have since remarried and are leading their independent
lives. Therefore, both parties have accepted the decree
of divorce passed by the Family Court on 18.10.2014.
Moreover, the appellant No.2-former husband of the
respondent No.2 has agreed to pay a sum of Rs.10,00,000/-
(Rupees Ten Lakhs only) as ex-gratia to the respondent
No.2 herein in full and final settlement of all her claims,
with a prayer to this Court to do complete justice in this
matter and for invoking its powers under Article 142 of the
Constitution of India.
xxx
Following the aforesaid judgments, in the instant case, it
is noted that the appellants and respondent No.2 were
married on 01.11.1996 and a daughter was born to them
on 19.04.2001. It is also stated by learned counsel for the
appellants that appellant No.1 left the matrimonial home on
23.04.2007 and thereafter respondent No.2 sought divorce
which was granted by the Competent Court on 04.04.2013.
It was only thereafter on 31.10.2013 that respondent No.2
filed the complaint against the appellants herein and the FIR
was registered on 13.02.2014 and the chargesheet was filed
on 22.09.2015. It is also to be noted that the proceedings
initiated under the Protection of Women from Domestic
Violence Act, 2005 in the year 2008 by respondent No.2
herein culminated in the dismissal of the said proceeding
on merits by order dated 28.07.2017 which has attained
finality. Having regard to the aforesaid peculiar and crucial
aspects of the present case and by following the order
dated 19.03.2024, the appeal is liable to be allowed as we
find that this is a fit case where we can exercise powers
under Article 142 of the Constitution of India.”
14. This Court, in the case of Ramawatar vs. State of Madhya Pradesh,
(2022) 13 SCC 635, while considering quashing of proceedings under
Section 482 CrPC, in the context of the provisions of the Scheduled
Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989,
[2025] 7 S.C.R. 2081
Madduri Gangaraju @ Babu Rao v. Madduri Sunanda & Others
took into consideration the fact that there had been a settlement
arrived at between the parties in the said case and therefore,
exercising jurisdiction under Article 142 of the Constitution of India,
the Court quashed the complaint, the FIR, and subsequent criminal
proceedings against the accused therein. The relevant portion of
the said judgment is at paragraph 15 which is extracted as under:
“15. The Constitution Bench decision in the case of
Supreme Court Bar Assn. v. Union of India & Another.
has eloquently clarified this point as follows:
“48. The Supreme Court in exercise of its
jurisdiction under Article 142 has the power
to make such order as is necessary for doing
complete justice “between the parties in any
cause or matter pending before it”. The very
nature of the power must lead the Court to set
limits for itself within which to exercise those
powers and ordinarily it cannot disregard a
statutory provision governing a subject, except
perhaps to balance the equities between the
conflicting claims of the litigating parties by
“ironing out the creases” in a cause or matter
before it. Indeed this Court is not a court of
restricted jurisdiction of only dispute-settling.
It is well recognised and established that this
Court has always been a law-maker and its
role travels beyond merely dispute-settling. It
is a “problem solver in the nebulous areas”
(see K. Veeraswami v. Union of India) but the
substantive statutory provisions dealing with
the subject matter of a given case cannot be
altogether ignored by this Court, while making
an order under Article 142. Indeed, these
constitutional powers cannot, in any way, be
controlled by any statutory provisions but at
the same time these powers are not meant to
be exercised when their exercise may come
directly in conflict with what has been expressly
provided for in a statute dealing expressly with
the subject.”
2082 [2025] 7 S.C.R.
Supreme Court Reports
15. This Court took note of the peculiar facts arising in the aforesaid
case and the fact that a settlement had been arrived at between the
parties and consequently, found it appropriate to invoke powers of
this Court under Article 142 of the Constitution of India and quashed
the criminal proceedings to do complete justice between the parties.
Further, this Court set-aside the order of the High Court and allowed
the appeal filed therein.
16. Following the aforesaid judicial dicta, in the instant case, we have
noted the following facts in the instant case:
(i) That the parties have parted ways which has attained finality
inasmuch as there is a decree of divorce granted by the Superior
Court of California, County of Alameda on 15.03.2007;
(ii) That Complaint Case No.991 of 2010 before the Additional Chief
Metropolitan Magistrate, Visakhapatnam and FIR No.28 of 2011
dated 18.03.2011 against the appellants at Gollaparlu Police
Station, East Godavari District under Sections 494 and 498A
of the IPC have been filed by respondent No.1 subsequent to
the dissolution of the marriage between her and her husband;
(iii) That the suit filed by respondent No.1 in in OS No.9 of 2014
on the file of the XII Additional District Judge, Pithapuram with
regard to gift settlement deed has ended in a Lok Adalat Case
No.436/2022. The terms of award under Section 21 of the Legal
Services Authority Act, 1987 are extracted above;
(iv) That both the parties had agreed for an amicable compromise
to settle all disputes before Lok Adalat;
(v) That vide order dated 28.12.2022 passed by the Lok Adalat in
Lok Adalat Case No.436/2022, a full and final settlement of all
claims was effectuated between the parties by way of which
all the differences between them have come to be resolved;
(vi) That respondent No.1 has agreed to withdraw all the pending
cases including pending appeals before various Courts;
(vii) That both the parties have agreed not to make any future claims
against each other with respect to the properties.
17. In the considered opinion of this Court, the power under Article
142 must be invoked to advance the cause of complete justice in
matters of this nature. Once the parties have genuinely settled all
[2025] 7 S.C.R. 2083
Madduri Gangaraju @ Babu Rao v. Madduri Sunanda & Others
their differences amicably, the continuation of criminal proceedings
between the parties serves no legitimate purpose. It only prolongs
bitterness and burdens the criminal justice system with disputes
that are no longer alive. The law must be applied in a manner that
balances the need to address genuine grievances with the equally
important duty to prevent its misuse. In appropriate cases, the power
to quash such proceedings is essential to uphold fairness and bring
quietus to personal disputes that have run their course.
18. A three-Judge Bench of this Court in State of M.P. vs. Laxmi
Narayan, (2019) 5 SCC 688, observed in paragraph 15.5 thereof
that while exercising power under Section 482 CrPC to quash the
criminal proceedings in respect of non-compoundable offences, which
are private in nature and do not have a serious impact on society,
on the ground that there is a settlement/compromise between the
victim and the offender, it is necessary to consider the antecedents
of the accused, the conduct of the accused, namely, whether the
accused was absconding and why he was absconding, how he had
managed with the complainant to enter into a compromise, etc.
19. Applying the aforesaid to the present case, we find that the appellant
herein would not come within the scope of the aforesaid observations
by which the plea of the appellant for quashing of the FIR and
consequent proceedings against him could be declined.
20. We also refer to Gian Singh vs. State of Punjab, (2012) 10 SCC
303 wherein this Court observed that where the High Court quashes
a criminal proceeding having regard to the fact that the dispute
between the offender and the victim has been settled, although
the offences are not compoundable, it does so as in its opinion,
continuation of criminal proceedings will be an exercise in futility and
justice in the case demands that the dispute between the parties is
put to an end and peace is restored, securing the ends of justice
being the ultimate guiding factor. In this regard, a specific reference
was made to offences arising out of matrimony, particularly relating
to dowry, etc. or a family dispute, where the wrong is basically to
the victim but the offender and the victim have settled all disputes
between them amicably, irrespective of the fact that such offences
have not been made compoundable. This Court observed that the
High Court may, within the framework of its inherent power, quash
the criminal proceeding or criminal complaint or FIR if it is satisfied
that on the face of such settlement, there is hardly any likelihood
2084 [2025] 7 S.C.R.
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of the offender being convicted and by not quashing the criminal
proceedings, justice shall be the casualty and ends of justice shall
be defeated.
21. In Naushey Ali vs. State of U.P., (2025) 4 SCC 78, one of us
(Viswanathan, J.) observed in paragraph 32 that proceeding with
the trial, when the parties have amicably resolved the dispute, would
be futile and the ends of justice require that the settlement be given
effect to by quashing the proceedings. It would be a grave abuse of
process particularly when the dispute is settled and resolved.
22. Taking note of the aforementioned factual matrix, the submissions
of learned senior counsel for the appellant and learned counsel for
respondent No.1, and by applying the ratio of the aforesaid judgments
to this case, we allow the appeals and quash the complaint and all
proceedings arising out of the said complaint made by respondent
No.1. In the circumstances, while invoking our powers under Article
142 of the Constitution, we quash the FIR No.28 of 2011 dated
18.03.2011 registered at Gollaparlu Police Station, East Godavari
District under Sections 494 and 498A of the IPC and all other criminal
proceedings commenced pursuant thereto. Consequently, the order
dated 30.03.2012 passed by the High Court of Judicature, Andhra
Pradesh at Hyderabad is set aside. We hold so for the reason that
the prosecution of the criminal case by respondent No.1 herein is
not as per her intention any longer. Moreover, the continuation of the
criminal proceeding would only be an instance of harassment to the
appellants having regard to the peculiar facts of the case. Further,
no fruitful purpose would be served in the continuation of the court
proceedings and taking it to its logical end. In this context, we have
relied upon the judicial dicta of this Court discussed above.
The appeals are allowed in the aforesaid terms exercising our
jurisdiction under Article 142 of the Constitution of India.
Result of the case: Appeals allowed.
†
Headnotes prepared by: Divya Pandey
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