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VINAY JOSHI, ABHAY J. MANTRI
Narayan Govardhandas Mohnani – Appellant
Versus
State of Maharashtra – Respondent
JUDGMENT :
VINAY JOSHI, J.
1. Heard.
2. Admit.
3. This is an application seeking to quash criminal prosecution namely RCC No. 3605/2016 arising out of Crime No. 176/2016 registered with Police Station Koradi, Nagpur for the offence punishable under Sections 354 of the Indian Penal Code on account of mutual settlement. Accused is father-in-law of the informant lady. The informant got married with the son of accused in the year 2014 and resumed for cohabitation. On 20.08.2016, the informant and accused were alone at their resident. In such situation, the accused made physical advance by touching her person as well as tried to touch her chest improperly. On the basis of such happening, report has been lodged. The Police carried investigation and on completion filed charge-sheet. The Trial Court has recorded evidence of six witnesses so far.
4. There are some other parallel proceeding in between informant and her husband. The informant has filed application under Section 12 of the Protection of Woman from Domestic Violence Act, 2012 and application seeking maintenance. As against this, the husband has also filed proceeding for divorce. The parties have entered into compromise before the Fam
The court can quash criminal proceedings under IPC Section 354 based on mutual settlement between parties, emphasizing the use of inherent powers to secure justice in non-heinous domestic disputes.
The court quashed the prosecution based on the informant's settlement and lack of significant allegations against the applicant, emphasizing that continuation would be an abuse of process.
The main legal point established is that in cases of matrimonial disputes where the wrong is private or personal in nature and the parties have resolved their entire dispute, the High Court may quash....
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.
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