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NITIN W. SAMBRE, R. N. LADDHA
Kausar Usman Nadaf – Appellant
Versus
Shahinkayyumnadaf – Respondent
JUDGMENT
R.N.LADDHA, J. - Heard learned Counsel, for the parties.
2. Rule. The Rule is made returnable forthwith with the consent of and at the request of the learned Counsel for the parties.
3. By this petition, the Petitioners seek to quash the FIR No.222 of 2017 lodged with Miraj City Police Station, Miraj, District-Sangli, at the instance of Respondent No.1/original Complainant, for the alleged offences punishable under Ss. 498-A, 313 504, 506 r/w 34 of the Indian Penal Code. Quashing is sought on the premise that the parties have amicably settled their dispute and that Respondent No.1 has no objection to the quashing of the impugned FIR.
4. Perused the papers. Petitioner No.2 is the husband of Respondent No.1. Petitioners No.1, 3 and 7 are the sisters, Petitioners No. 4 and 5 are the parents, Petitioners No.6 is brother, and Petitioners No.8 and 9 are the relatives of Petitioner No.2. After marriage, Respondent No.1 started residing at her matrimonial home. Since marital discord/differences post-marriage, Respondent No.1 lodged the FIR described above, vide C.R. No. 222 of 2017, at Miraj City Police Station, Miraj, against the Petitioners. Allegations of ill-treatment and demand f
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 ....
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....
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 may exercise its inherent powers to quash criminal proceedings involving matrimonial disputes where the parties have arrived at a voluntary, amicable settlement, viewing it as consiste....
Matrimonial disputes should be put to rest if a genuine settlement has been reached by the parties.
The main legal point established in the judgment is the court's authority to quash non-compoundable offences under section 482 of the Code, considering the nature of the offence and the amicable sett....
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