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B. V. NAGARATHNA, AUGUSTINE GEORGE MASIH
Arun Jain – Appellant
Versus
State of NCT of Delhi – Respondent
Headnote: Read headnote
ORDER :
1. Leave granted.
2. Being aggrieved by the order dated 16.07.2018 passed by the High Court of Delhi in Crl. M.C. No.381/2016 and Crl. M.A. No.1618/2016, by which the application filed by the appellants under Section 482 of the Criminal Procedure Code, 1973 (for short “Cr.P.C.”) seeking quashing of order dated 28.09.2015 of the Court of the Metropolitan Magistrate taking cognizance of the offences under Sections 498A, 406, 34 of the Indian Penal Code (“IPC” for short) and issuing summons to the appellants herein as accused on the basis of the final report dated 22.09.2015 made under Section 173 of the Cr.P.C has been dismissed, the appellants are before this Court.
3. We have heard learned counsel for the appellants and learned counsel for the respondent-State. On perusal of the Office Report, it is noted that the second respondent-complainant is served but has not responded to the same and there is no representation on her behalf.
4. It is not in dispute that the marriage between appellant No.1 and Respondent No.2 took place on 01.11.1996. Thereafter, an ex-parte decr
The court established that post-divorce criminal proceedings can be quashed if genuine settlements are present, while also respecting statutory limitations.
The court affirmed its authority to quash criminal proceedings under Article 142 when genuine settlements exist, prioritizing complete justice over procedural continuance.
The main legal point established is the scope of inherent powers under Section 482 of Cr.P.C in post-conviction matters and the considerations for quashing criminal proceedings, emphasizing the volun....
Criminal proceedings for offence under Section 307 IPC and/or Arms Act etc., which have a serious impact society, cannot be quashed in exercise of powers under Section 482 of Cr.P.C, on the ground th....
The Supreme Court held that criminal proceedings stemming from matrimonial disputes can be quashed when the parties have settled their differences and ongoing prosecution serves no legitimate purpose....
In matrimonial disputes, if parties reach a genuine settlement, continuation of criminal proceedings is an abuse of process, justifying quashing under Article 142.
The court has the power under Section 482 Cr.P.C. to quash criminal proceedings, even for heinous offenses, in cases of settlement and compromise, but must exercise this power sparingly and with caut....
The court established that under Section 494 IPC, only the husband can be charged with bigamy, not the second wife or her family, leading to quashing of proceedings.
Offence - Settled Dispute - In the exercise of the power under Section 482 and while dealing with a plea that the dispute has been settled, the High Court must have due regard to the nature and gravi....
The High Court can quash non-compoundable offences in matrimonial disputes if the parties have settled amicably, emphasizing the importance of encouraging genuine settlements.
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