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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 :
Leave granted.
3. Appellant Nos. 1, 2 and 3 are the erstwhile husband, father- in-law and mother-in-law respectively of respondent No. 2.
5. Briefly stated, the facts of the case are that the marriage between appellant No.1 and respondent No.2 was solemnised on 06.03.2018. Owing to certain differences arising between them, respondent No.2 left the matrimonial home around ten months after the marriage along with her daughter from an earlier marriage. Subsequent to this, multiple cases came to be filed by appellant No.2 and respondent No.2 respectively. Among these was FIR No.67 of 2019 registered pursuant to a complaint by respondent No.2 at P.S Radaur, District Yamuna Nagar, Haryana against appellant Nos.1 to 3 under sections 323, 406, 498-A and 506 of
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.
Matrimonial cruelty – Where matrimonial relationship has come to an end by way of divorce, and parties have since settled in their respective lives, criminal prosecution emanating from that past rela....
In the exercise of power under Section 482 and while dealing with a plea that the dispute has been settled, the High Court must have due regard to nature and gravity of offence. Heinous and serious o....
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