Supreme Court Quashing FIR and Granting Divorce, Criminal Appeal No. 1090 of 2023

Case: Radheshyam v. State of West Bengal; Court: Supreme Court of India; Judge: Ajay Rastogi and Bela M. Trivedi, JJ.; Case No.: Criminal Appeal No. 1090 of 2023 (Arising out of SLP(Crl.) No. 8094 of 2022); Decision Date: 11.4.2023; Parties: Appellants – Radheshyam & Ors.; Respondents – State of West Bengal & Anr.

Facts: The petition before the apex judiciary arose from a matrimonial rupture in which the husband and wife, having been lawfully wed on 8 July 2019, had lived apart since 17 July 2021 owing to irreconcilable differences that effectively destroyed the emotional bond between them. Subsequently, on 3 July 2022 the aggrieved spouse instituted a criminal complaint designated FIR No. 375 of 2022 at the police station of Raniganj, invoking provisions of the Indian Penal Code relating to cruelty, assault, criminal intimidation and criminal breach of trust as well as the Dowry Prohibition Act. In response, the respondents filed an application seeking anticipatory bail under Section 438 of the Code of Criminal Procedure, an application that was summarily rejected by the High Court on 2 August 2022, thereby exposing the appellants to potential detention. Concurrently, the parties negotiated a comprehensive settlement dated 17 July 2022, by which the wife received a monetary consideration of thirty lakh rupees, a sum paid without any evidence of coercion, duress or fraud, and intended to bring finality to their matrimonial dispute. Following the settlement, both parties jointly approached the Supreme Court, requesting the quashal of the FIR and, alternatively, the issuance of a decree of divorce by mutual consent under the Hindu Marriage Act, invoking Article 142 of the Constitution to secure a comprehensive resolution. The petition also sought the transfer of the pending family‑court divorce proceeding, identified as Case No. 1020 of 2022, to the Supreme Court so that the decree could be pronounced in a single authoritative order. The Court, in considering the application, examined whether the existence of an amicable settlement and the payment of substantial consideration extinguished the public interest that ordinarily sustains criminal prosecution arising from domestic discord. Reference was made to the principle that criminal proceedings launched under statutes such as Sections 498A, 354A, 354C and 406 of the IPC, as well as Sections 3 and 4 of the Dowry Prohibition Act, may persist notwithstanding a private compromise, yet may be curtailed where the continuation would serve no substantive purpose. The Court observed that the parties, being educated and fully aware of the implications of their agreement, had voluntarily resolved their grievances, thereby rendering any further litigation a source of unnecessary agony and expense. In evaluating the scope of its extraordinary jurisdiction, the Court considered Article 142, which empowers the Supreme Court to pass any order necessary for the ends of justice, especially where a cohesive settlement can preclude protracted litigation. The bench concluded that the FIR, in light of the complete and bona‑fide settlement, no longer fulfilled any legitimate objective and therefore warranted quashal to prevent the squandering of judicial resources. Accordingly, the Court exercised its authority under Article 142 to quash and set aside FIR No. 375 of 2022, expressly noting that no purpose would be served by allowing the criminal proceeding to continue. Simultaneously, invoking the same constitutional power, the Court transferred the matrimonial suit to its own jurisdiction and granted a decree of divorce by mutual consent pursuant to Section 13B of the Hindu Marriage Act, thereby effecting the parties' joint request. The operative relief included an order that each party bear its own costs, with the registry directed to prepare the formal decree of divorce and to dismiss any pending applications related to the matter. The disposition of the appeal was thus recorded as disposed of, having achieved the twin objectives of extinguishing the criminal complaint and delivering a final matrimonial decree in a single authoritative pronouncement. The Court's reasoning underscored the necessity of harmonising criminal and civil remedies where the underlying familial discord has been amicably resolved, thereby preserving the sanctity of judicial economy and the rights of the individuals involved. In sum, the judgment illustrates the capacity of the highest court to employ its constitutional prerogative to achieve comprehensive justice, simultaneously addressing criminal accountability and marital dissolution in a manner consistent with the parties' settlement. The decision further delineates the thresholds at which a settlement agreement, accompanied by adequate consideration, may constitute a sufficient ground to bar the continuation of criminal proceedings emanating from the same domestic relationship. By articulating this approach, the Court provided guidance for future litigants and tribunals on the interplay between private compromise and the public interest in the adjudication of offences linked to matrimonial disputes. Consequently, the reliefs sought by the appellants were fully granted, resulting in the quashal of the criminal complaint, the issuance of a mutual‑consent divorce decree, and the dismissal of all ancillary applications. The final order, besides disposing of the appeal, directed each party to bear its own costs, thereby concluding the litigation in accordance with the principles of equity and procedural propriety.

Issue: Whether the Supreme Court may quash an FIR filed under Sections 498A, 354A, 354C, 406 of the IPC and Sections 3, 4 of the Dowry Prohibition Act where the parties have amicably settled the matrimonial dispute

Decision: DECIDED, the Court held that the settlement extinguished any legitimate public interest in the continuation of the criminal prosecution, rendering the FIR purposeless; consequently, exercising its extraordinary jurisdiction under Article 142, the Court quashed and set aside the FIR.

Quote: ["No purpose is going to be served and accordingly, … FIR No. 375 of 2022 … is quashed and set aside."]

Issue: Whether Article 142 of the Constitution can be invoked to grant a decree of divorce by mutual consent under Section 13B of the Hindu Marriage Act

Decision: DECIDED, the Court determined that Article 142 empowers it to render a comprehensive decree of divorce by mutual consent, thereby fulfilling the parties' joint request and effecting a final matrimonial settlement.

Quote: ["In the above circumstances, in our view, this is one of those cases where we may invoke and exercise the power vested in this Court under Article 142 of the Constitution. ... We grant them a decree of divorce by mutual consent, as jointly prayed by them."]

Conclusion: The appeal was disposed of with the FIR quashed, a mutual‑consent divorce decree granted under Article 142, and each party ordered to bear its own costs, thereby concluding the litigation.

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