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B. V. NAGARATHNA, K. V. VISWANATHAN
Navneesh Aggarwal – Appellant
Versus
State of Haryana – Respondent
| Table of Content |
|---|
| 1. factual overview of the case. (Para 2 , 3 , 5 , 6 , 7) |
| 2. overview of case facts. (Para 8) |
| 3. arguments for and against proceeding. (Para 9 , 10) |
| 4. court's analysis on necessity of criminal proceedings. (Para 11 , 12 , 13 , 14 , 15 , 17 , 18) |
| 5. legal principles guiding quashing of proceedings. (Para 16 , 19 , 21 , 22) |
| 6. court's observations on maintaining justice. (Para 20) |
| 7. final ruling and order. (Para 23) |
JUDGMENT :
B.V. NAGARATHNA, J.
Leave granted.
2. Being aggrieved by the order dated 01.08.2024, passed by the High Court of Punjab and Haryana in CRM-M No.6635 of 2024 by which the application filed by the appellant under Section 482 of the Code of Criminal Procedure, 1973 (for short ‘CrPC’) seeking quashing of FIR No.67 dated 15.05.2019 registered at Police Station Radaur, District Yamunanagar, Haryana and all subsequent proceedings arising therefrom, initiated under Sections 323 , 406, 498-A and 506 of the INDIAN PENAL CODE , 1860 (‘IPC’), pending before the Judicial Magistrate First Class, Jagadhri, Yamuna Nagar, was dismissed by the High Court, the appellants have preferred this appeal.
3. Appellant Nos. 1, 2 and 3 are the erstwhile husband, father- in-law and
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 affirmed its authority to quash criminal proceedings under Article 142 when genuine settlements exist, prioritizing complete justice over procedural continuance.
The High Court can quash criminal proceedings in matrimonial disputes if the parties have divorced and the informant does not wish to proceed, to prevent abuse of process and serve the ends of justic....
The court established that post-divorce criminal proceedings can be quashed if genuine settlements are present, while also respecting statutory limitations.
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