Case: B.S. Joshi  Vs. State Of Haryana

Appellant No. 4 is the husband. Respondent No. 2 is his wife. Their marriage had taken place on 21st July, 1999. They are living separately since 15th July, 2000. Appellant Nos. 1 to 3 are father, mother and younger brother of appellant No. 4. FIR No. 8 of 2002 was registered under Section 498A/323 and 406 IPC at Police Station, Central Faridabad at the instance of the wife on 2nd January, 2002. She has filed an affidavit that the FIR was registered at her instance due to temperamental differences and implied imputations. According to that affidavit, her disputes with the appellants have been finally settled and she and Appellant No. 4 have agreed for mutual divorce. The affidavit further states that on filing of the petition for mutual divorce, statements on first motion were recorded on 18th July, 2002 and 2nd September, 2002. Also that in second motion filed by the parties to the marriage, their statements were recorded by the Court of Additional District Judge, Delhi on 13th September, 2002. Counsel for respondent No. 2 supporting the appeal also prays for quashing of the FIR. There is, however, serious opposition on behalf of the State.4. The High Court has, by the impugned judgment, dismissed the petition filed by the appellants seeking quashing of the FIR for in view of the High Court the offences under Sections 498A and 406 IPC are non-compoundable and the inherent powers under Section 482 of the Code cannot be invoked to bypass the mandatory provision of Section 320 of the Code. For its view, the High Court has referred to and relied upon the decisions of this Court in State of Haryana & Ors. vs. Bhajan Lal & Ors. [1992 Supp. (1) SCC 335]; Madhu Limaye vs. The State of Maharashtra [(1977) 4 SCC 551 ; and Surendra Nath Mohanty & Anr. State of Orissa [AIR 1999 SC 2181 ].

Reasoning: 14. There is no doubt that the object of introducing Chapter XX-A containing Section 498A in the Indian Penal Code was to prevent the torture to a woman by her husband or by relatives of her husband. Section 498A was added with a view to punishing a husband and his relatives who harass or torture the wife to coerce her or her relatives to satisfy unlawful demands of dowry. The hyper-technical view would be counter productive and would act against interests of women and against the object for which this provision was added. There is every likelihood that non-exercise of inherent power to quash the proceedings to meet the ends of justice would prevent women from settling earlier. That is not the object of Chapter XXA of Indian Penalhold that the High Court is exercise of its inherent powers can quash criminal proceedings or FIR or complaint and Section 320 of the Code does not limit or affect the powers under Section 482 of the Code.