Quashing of F.I.R on mutual settlement

The Honble Court held in the said matter.


"We, therefore, feel that though offence punishable under Section  498-
A of the IPC is not compoundable, in appropriate cases if  the  parties  are
willing and if it appears to the criminal court that  there  exist  elements
of settlement, it should direct the parties to explore  the  possibility  of
settlement through  mediation.   This  is,  obviously,  not  to  dilute  the
rigour, efficacy and purport of Section 498-A of  the  IPC,  but  to  locate
cases where the matrimonial dispute can be nipped in  bud  in  an  equitable
manner.  The judges, with their expertise, must ensure  that  this  exercise
does not lead to the erring spouse using mediation process  to  get  out  of
clutches of the law. During mediation, the  parties  can  either  decide  to
part company on mutually agreed terms or they may decide  to  patch  up  and
stay together.  In either case for  the  settlement  to  come  through,  the
complaint will have to be quashed.  In that event,  they  can  approach  the
High Court and get the complaint quashed.  If  however  they  chose  not  to
settle, they can proceed with the complaint.  In this exercise, there is  no
loss to anyone. If there is settlement, the parties will be saved  from  the
trials and tribulations of a criminal case and that will reduce  the  burden
on the courts which will be in the larger public interest".

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO. 1794 OF 2013

(Arising out of Special Leave Petition (Civil) No. 4782 of

2007)

K. SRINIVAS RAO … APPELLANT

Versus

D.A. DEEPA … RESPONDENT

JUDGMENT

(SMT.) RANJANA PRAKASH DESAI, J.

1. Leave granted.

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