Back
IN THE HIGH COURT OF JUDICATURE AT BOMBAY : NAGPUR BENCH : NAGPUR
NITIN W.SAMBRE, M.M.NERLIKAR
Akshay, s/o Rammilan Pal – Appellant
Versus
State of Maharashtra, through Police Station Officer, Beltarodi Police Station, Nagpur – Respondent
| Table of Content |
|---|
| 1. details of the first information report and allegations. (Para 2 , 3 , 4) |
| 2. quashing applications based on mutual consent. (Para 5 , 6 , 7) |
| 3. informant's consent and interaction with the court. (Para 8 , 9) |
| 4. court's power to quash non-compoundable offences. (Para 10 , 11 , 12) |
| 5. justification for quashing proceedings in matrimonial disputes. (Para 13 , 14) |
| 6. encouraging settlements in matrimonial conflicts. (Para 15 , 16) |
| 7. impact of marital discord on societal well-being. (Para 17 , 18) |
| 8. conclusion and order to quash the fir. (Para 19) |
JUDGMENT :
(M.M. NERLIKAR, J.)
Heard. Rule. Rule is made returnable forthwith and by consent of learned Counsel appearing for the parties, matters are taken up for final disposal.
2. The informant [Non-applicant No.2] in the present matters has lodge a complaint with non-applicant no.1 Beltarodi Police Station, Nagpur on 18.12.2023, which came to be registered as First Information Report No.737/2023 for the offence punishable under Sections 4 98-A, 377 read with Section 3 4 of the INDIAN PENAL CODE and Sections 3 and 4 of Dowry Prohibition Act, 1961. The said first information report is registered against all the applicants. Appl
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.
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....
The settlement between the parties and mutual divorce under Section 13-B of the Hindu Marriage Act, 1955, can justify the quashing of criminal proceedings under Section 482 of the Code, especially in....
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
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 ....
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
