Chhattisgarh HC states that Section 320 of the CrPC does not bar quashing of FIR in matrimonial matters

In Gurumukh Das Chandani v. State of Chhattisgarh, the petitioners’ counsel for the petitioners submitted that as per the agreement and statement of recorded before the Additional Registrar (Judicial) it was categorically stated that the dispute has been settled between them amicably.

Justice Sanjay K. Agrawal relied on judgment B.S. Joshi v. State of Haryana, Gian Singh v. State of Punjab and Jitendra Raghuvanshi v. Babita Raghuvanshi and observed that “In our view, it is the duty of the courts to encourage genuine settlements of matrimonial disputes, particularly, when the same are on considerable increase.”

Even if the offences are non-compoundable, if they relate to matrimonial disputes and the Court is satisfied that the parties have settled the same amicably and without any pressure, we hold that for the purpose of securing ends of justice, Section 320 of the Code would not be a bar to the exercise of power of quashing of FIR, complaint or the subsequent criminal proceedings.

In view of the above, offence was compounded, FIR quashed and petition disposed off.

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