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BOMBAY HIGH COURT
CHETAN GANPAT WAGHARE – Appellant
Versus
THE STATE OF MAHARASHTRA AND ANOTHER – Respondent
ORDER :
1. The present application has been filed for quashing the proceeding of Sessions Case No. 188 of 2024 pending with Sessions Judge, Aurangabad arising out of FIR vide Crime No.19 of 2022 dated 19.01.2022 registered with Pundlik Nagar Police Station, Aurangabad for the offences punishable under Sections 498-A, 323, 315, 504, 506 read with Section 34 of the Indian Penal Code.
2. It is not out of place to mention here that the present applicant had filed Criminal Application No. 1665 of 2022 and it stood disposed of as withdrawn as against him on 14.09.2022. However, as regards the present application, there is change in the circumstances. When the earlier application was filed, the charge sheet was not filed. However, now charge sheet is filed and even the case has been committed to the Court of the Sessions and therefore, there will not be bar for entertaining the present application, which is under Section 482 of the Code of Criminal Procedure.
3. Respondent No.2 has appeared suo moto with an Advocate and filed affidavit in reply. In her affidavit in reply she has stated that the dispute between herself and the applicant has been settled. They have agreed to take divorce by mu
Weak evidence regarding miscarriage justified quashing of proceedings under Section 482 of the CrPC, emphasizing the importance of amicable settlements.
Cruelty - Quash of FIR - While exercising power under Section 482 of Code to quash criminal proceedings in respect of non-compoundable offences, which are private in nature and do not have a serious ....
Dispute is a private and personal affair. The injury sustained does not involve any mental depravity nor amounts to a heinous crime
High Court is required to consider the antecedents of the accused; the conduct of the accused, namely, whether the accused was absconding and why he was absconding, how he had managed with the compla....
while exercising the power under Section 482 of the Code to quash the criminal proceedings in respect of non-compoundable offences, which are private in nature and do not have a serious impart on soc....
The main legal point established in the judgment is the court's exercise of inherent power under Section 482 of the Code of Criminal Procedure to quash the FIR and proceedings based on an amicable se....
Category of offence – Offences under Section 307 IPC and the Arms Act etc. would fall in the category of heinous and serious offences and therefore are to be treated as crime against the society and ....
Inherent powers under Section 482 of the CrPC may quash FIRs in matrimonial disputes when mutual consent is present, despite non-compoundable offences, to prevent injustice.
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