Chambers of Ishaan Garg
Ch. No. 217, Western Wing, District & Sessions Court, Tis Hazari, New Delhi, Delhi 110054
+91 8851742417, +91 8800386163
While dealing with cancellation report filed in cases of matrimonial discord, a court ought to proceed in a compassionate manner and not with a pedantic approach, the High Court said.
The Punjab and Haryana High Court recently expressed disapproval at a Chief Judicial Magistrate (CJM) refusing to accept the cancellation report filed by the police in a case under Section 498A (husband or relative of husband of a woman subjecting her to cruelty) of the Indian Penal Code (IPC).
Justice Sumeet Goel questioned the CJM’s decision to order the police to further investigate the case, despite the complainant not objecting to the cancellation of the case.
“The Court while dealing with cancellation report filed in such like case; which stem out of matrimonial discord between the parties especially in the backdrop of acceptance of such cancellation by the complainant herself; ought to proceed in a compassionate manner and not with a pedantic approach,” the Court remarked.
It added that compromise in a modern society is the sine qua non of harmony and orderly behaviour.
“It is the soul of justice and if the process of the Court is used in furtherance of such harmonious atmosphere it would certainly promote amity between the parties leading to an orderly and tranquil society."
The Court made the observations while dealing with a petition seeking quashing of a 2015 FIR registered on a woman’s complaint that she and her husband were forcibly evicted by her in-laws from their ancestral house.
After investigation, the police filed a cancellation report in the matter.
However, the same was rejected by the CJM at Moga on February 22 in 2021, with the observation that the offence is not compoundable in nature and that the cancellation report had been filed to avoid legal proceedings.
The accused in-laws then moved the High Court for quashing the FIR on merits. The State and the complainant did not file any reply to the quashing petition.
The Court opined that the allegations do not in any manner constitute the offence under Section 498A of IPC.
“The request made by the complainant to the police in the FIR that she and her husband be put back in the house of petitioners, is the linchpin to gather the nature of dispute between the parties which, even if founded on legitimate cause, is clearly of civil in nature. The allegations in the FIR on the face of it do not give rise to any criminal offence,” it added.
The Court thus quashed the FIR and the proceedings pending before the trial court.
While parting with the case, the Court also recorded its reasons for disagreeing with the CJM who had refused to close the case. It said that the CJM had not pointed out any instance that could indicate commission of an offence under Section 498A IPC.
“A thorough reading of the FIR, wherein no allegation pertaining to demand of dowry has been mentioned, coupled with the factum of cancellation report filed by the police and acceptance of such cancellation by the complainant herself; exhibits the faux pas by the Chief Judicial Magistrate in the matter while rejecting the cancellation report filed by the police,” Justice Goel said.
