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S. S. SHINDE, N. R. BORKAR
Omkar Satish Palav – Appellant
Versus
State Of Maharashtra – Respondent
JUDGMENT
1. Rule. Rule made returnable forthwith and heard with the consent of learned counsel appearing for the parties.
2. Mr. Nitin Gangal, learned counsel appearing for the petitioner and Ms. Prerna Shukla learned counsel appearing for the 2 nd respondent, jointly submits that parties have amicably settled the dispute and to that effect consent terms have been arrived between the parties before the Civil Judge Senior Division, Kalyan in Marriage Petition No. 1532 of 2019. The said Court by order dtd. 8/12/2021 passed the decree and thereby marriage is dissolved.
3. It is jointly submitted that in view of the settlement arrived between the parties, impugned FIR may be quashed.
4. The 2nd respondent is present before the Court. She is identified by her advocate. She stated that it is her voluntary act to enter into such settlement/compromise and give consent for quashing the FIR. She further stated that she has filed the affidavit on her own free will and without any coercion.
5. In view of settlement arrived between the parties, and keeping in view in fact that the parties have filed consent terms before the Civil Judge Senior Division, Kalyan, as also affidavit filed before this
The court has the power to quash criminal proceedings in cases where the possibility of conviction is remote and bleak due to a compromise between the offender and the victim, to prevent the abuse of....
The court can quash criminal proceedings in cases of private or personal disputes where the parties have resolved their entire dispute, and continuation of the case would cause oppression and prejudi....
The court emphasized the importance of considering the nature and gravity of the crime, and the impact on society, when deciding to quash criminal proceedings based on settlement, as outlined in the ....
Criminal cases with a predominantly civil nature can be quashed if the parties have resolved their entire dispute and the possibility of conviction is remote.
Section 482 should be exercised sparingly and with circumspection only when the Court is convinced, on the basis of material on record, that allowing the proceedings to continue would be an abuse of ....
The High Court has the power to quash criminal proceedings in cases where there is a compromise between the offender and the victim, and the possibility of conviction is remote and bleak, to prevent ....
The court has the inherent power to quash criminal proceedings in accordance with the guidelines engrafted in such power, especially in cases where the possibility of conviction is remote and bleak, ....
Point of Law : While deciding whether to exercise its power under Section 482 of Code or not, timings of settlement play a crucial role. Those cases where settlement is arrived at immediately after a....
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