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V. K. JADHAV, SANDIPKUMAR C. MORE
Dinesh Shankarnarayan Kumarkandath Nair – Appellant
Versus
State of Maharashtra – Respondent
JUDGMENT
1. Heard finally with consent at the admissions stage.
2. The petitioners are seeking quashing of the proceedings bearing R.C.C. No. 1906/2022 pending before the Judicial Magistrate, First Class, Aurangabad arising out of Crime No. 177/2020 registered with Satara Police Station for the offences punishable under Sections 498-A, 323, 505, 506 read with Section 34 of the Indian Penal Code, on the ground that the parties have arrived at amicable settlement.
3. Learned Counsel for the petitioners and learned Counsel for respondent No. 2 submits that the parties have arrived at amicable settlement and in terms of the settlement they have fled petition for divorce on mutual consent in terms of the provisions of Sect6ion 13-B of the Hindu Marriage Act before the Family Court, Palakkad, State of Kerla vide O.P. No.1115/2021. The said petition is still pending. Learned Counsel appearing for the parties submit that it is agreed between the parties that petitioner No. 1 - husband shall pay an amount of Rs. 6,00,000/- (Rupees Six Lacs) to respondent No.2 towards permanent alimony by way of account transfer to the account of respondent No. 2. It is further agreed between the parties that p
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 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 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 main legal point established in the judgment is the court's power to quash criminal proceedings in cases of compromise between the parties in matrimonial disputes where no societal interest is in....
The central legal point established in the judgment is the importance of considering societal interest, timing of settlement, and nature of the offense in deciding whether to quash criminal proceedin....
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