Back
VINAY JOSHI, ABHAY J. MANTRI
Dhammapal Gulab Narwade – Appellant
Versus
State of Maharashtra – Respondent
JUDGMENT :
VINAY JOSHI, J.
Heard. Admit.
By consent of the learned Counsel appearing for the parties, the matter is taken up for final disposal.
2. This is an application seeking to quash the criminal prosecution bearing Sessions Trial No.43/2022 pending on the file of the Principal District and Sessions Judge, Washim arising out of first information report bearing Crime No.331/2021 registered with Risod Police Station, Washim for the offence punishable under Sections 376, 376[2][[f][n], 313, 498-A, 323, 294 of the Indian Penal Code.
3. The learned Counsel for the applicant would submit that the matter is already settled and this Court has quashed the criminal prosecution against 5 co-accused in Criminal Application No.1294/2024 vide judgment and order dated 27.09.2024, on the basis of consent. It is further submitted that the main allegations are against co-accused Sanghpal, whose prosecution has been quashed. The remaining accused are relatives of husband facing the similar type of allegation. It is submitted that while allowing the aforesaid criminal application, the informant lady has appeared before the Court and gave her no objection to quash the prosecution, which has been record
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 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 can quash criminal proceedings in exceptional circumstances to secure the victim's welfare, especially when the victim has married the accused and is pregnant.
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.
Weak evidence regarding miscarriage justified quashing of proceedings under Section 482 of the CrPC, emphasizing the importance of amicable settlements.
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 may quash proceedings for non-compoundable offences where parties have amicably settled their disputes, and continuation of trial serves no realistic purpose.
The High Court can quash FIRs in non-compoundable cases based on mutual settlements between parties if continuation of proceedings would lead to injustice and reflects personal disputes lacking socie....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
