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V. K. JADHAV, SANDIPKUMAR. C. MORE
Sairaj – Appellant
Versus
State of Maharashtra – Respondent
JUDGMENT
1. By consent of the parties, heard finally at admission stage.
2. The applicants are seeking quashing of F.I.R. No. 214 of 2021 registered with M.I.D.C. Cidco Police Station, Aurangabad for the offence punishable under Sections 323, 498-A, 504 r.w. 34 of I.P.C. and also seeking quashing of the proceedings vide R.C.C. No. 2295 of 2021 pending before the learned Judicial Magistrate, First Class, Aurangabad, on the ground that the parties have arrived at a amicable settlement.
3. Learned counsel appearing for the applicants and learned counsel appearing for respondent No.2 submit that the parties have arrived at an amicable settlement and decided to put an end to the marital ties and all the proceedings pending in the Courts. The settlement terms are reduced into writing and the same has been placed before the Family Court, Aurangabad. Learned counsel for respondent No.2 submits that applicant No.1-husband has filed a petition before the Family Court, Aurangabad for a decree of divorce and the same is now sought to be converted into a petition seeking decree of divorce on mutual consent in terms of the provisions of Section 13-B of the Hindu Marriage Act, 1955. The compromise t
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 ....
The court's decision was influenced by the power of the High Court to quash criminal proceedings based on amicable settlement, as distinct from the power given to a criminal court for compounding the....
The central legal point established is that the power to quash criminal proceedings can be exercised when the parties have settled their dispute and continuation of the proceedings would be an abuse ....
The court may quash criminal proceedings in matrimonial disputes when the possibility of conviction is remote, and continuation of the case would cause oppression and prejudice to the accused, in lin....
The power of the High Courts to quash FIRs, the nature of offences that can be quashed based on compromise, and the influence of previous judgments on the court's decision.
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....
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.
Criminal cases with a predominantly civil flavor, particularly those arising from matrimonial relationships, can be quashed if the parties have resolved their entire dispute and the possibility of co....
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