Quashing of FIR: Seeking Justice when Merit is Lacking, Cutting Through Frivolity- M.P. High Court
Title: Pankaj Mehta, Nutan Mehta, Robin Mehta vs SMT. Purvi Kimtee & ORS.
Citation: MISC. CRIMINAL CASE NO. 33634 OF 2023
Decided on: 17.10.23
Introduction:
In this case the applicants have filed a petition under Section 482 to seek the quashment of the FIR registered at Police Station Mahila Thana, Indore. The applicants are likely seeking the quashment of the FIR on the grounds that it might be frivolous or lacking in merit. The High Court will assess the merits of the case and consider whether it is a fit instance for invoking its inherent powers under Section 482 of Crpc to quash criminal proceedings.
FACTS:
The facts of the case are such that the respondent No. 2, Smt. Purvi Kimtee, and Robin Kimtee were married on My 12, 2018, in accordance with Hindu customs. The complaint claims that the Complainant’s father gave her a dowry of Rs. 5lakhs, priceless ornaments and wedding expenditure totaling Rs. 40 lakhs. The complainant was harassed by her spouse and his family for small matters shortly after they were married. The complainant stated that she wanted her spouse to pay for her Australian residency permit and it is purporated that her spouse collected money from her parents to fulfill this request.
The plaintiff were compelled to return to India as they did not have a residential visa of Australia. She didn’t stop pushing her spouse to file for her Australian residence visa. Her parents sent her husband Rs. 10 lakhs so they could go to Australia but she ran into visa problems and had to go back to India. Her parents next attempted to obtain her residential visa by paying her husband’s family Rs. 25 lakhs but this also proved fruitless. Respondent No.2 responded to the circumstances by filing a FIR with Crime No. 124/2021 against the applicants. After the end of the investigation a charge sheet was later submitted to the Trial Court against the accused applicant for the investigation.
COURT ANALYSIS AND JUDGEMENT:
The court concludes that, in view of the aforementioned legal concept, the purpose and object of law is not only to punish the criminals but also to promote peace, calm and harmony in the respective community. If the husband and wife reach a compromise through the attempts made by their family members, it will benefit society as a whole as well.
Court also concluded that it goes without saying that this kind of agreement should be promoted in order to keep the marriage intact and give the partners time to reflect on their mistakes and work out their differences cooperatively with mutual consent as opposed to battling in a court of law where it takes time to finish case. The complainant and her husband’s family members have resolved their disagreements and have made the decision to live apart, making them extremely technological opinions about the compromise may be detrimental and counterproductive.
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Written By – Gauri Joshi