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SUDHANSHU DHULIA, PRASHANT KUMAR MISHRA
Vedant Shukla – Appellant
Versus
State Of Madhya Pradesh – Respondent
ORDER :
1. Leave granted.
2. Heard Mr. Siddharth Aggarwal, learned senior counsel for the appellants and Mr.Sarthak Raizada, learned counsel for the respondent-State.
3. Appellant no.1 is the husband of respondent no.2 (wife) and their marriage was solemnized on 12.02.2011 as per the Hindu rites and ceremonies. There are no children born from the wedlock. Due to the marital discord between the parties an FIR bearing Crime No.123/2020 registered with Mahila Police Thana, Bhopal for the offences punishable under Sections 498A, 506 & 34 of Indian Penal Code which was filed by the wife on 15.10.2020 alleging cruelty and criminal intimidation on the part of the husband, mother-in-law and sister-in-law. Meanwhile, due to the mediation, by relatives, friends and in-laws, there was a settlement between the parties and a joint petition under Section 13B of the Hindu Marriage Act was filed on 09.01.2021 before the Court concerned and after the due process as her statement was recorded on 09.09.2021, their marriage was dissolved by decree of divorce on 13.09.2021.
4. It is informed by the learned senior counsel for the appellants that even prior to the grant of decree of divorce, in criminal proc
Criminal proceedings under IPC Sections 498A, 506 & 34 can be quashed if the FIR lacks substantive evidence, even if initiated by the wife during divorce proceedings.
Subsequent events, such as divorce and remarriage, can be considered in determining the abuse of process of law and the justification for quashing criminal proceedings.
Allegations in FIR filed post-divorce petition are retaliatory, warranting quashing of criminal proceedings under inherent jurisdiction due to abuse of process.
The court established that amicable settlements between parties can lead to the quashing of non-compoundable criminal proceedings under certain circumstances, emphasizing the court's discretion under....
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