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CHANDRA SHEKHAR JHA
Nazma Khatoon Wife of Master Qutubuddin – Appellant
Versus
State of Bihar – Respondent
JUDGMENT :
Chandra Shekhar Jha, J.
1. Heard learned counsel appearing on behalf of the parties.
2. The present application has been filed for quashing the order dated 26.06.2015 passed by learned Chief Judicial Magistrate, Motihari, in connection with Motihari Mahila P.S. Case No. 23 of 2015, where cognizance was taken for the offences under sections 498A, 341, 323, 504, 506, 406, 34 of the Indian Penal Code.
3. Prosecution case in brief is that on 06.04.2015 at 6.00 P.M. Najda Khatoon lodged an information with Motihari Mahila Police Station, stating that on 01.11.2007, her marriage was solemnized with Md. Samiuddin as per Islam religion. At the time of marriage and Bidai, cash of Rs. 1,50,000/-, ornaments with rupees 70,000/-and other articles worth rupees 1,50,000/-was given. After marriage, she came her matrimonial house. She gave birth of two female children, namely, Mariyam Khatoon, aged about five years and Aisha Khatoon, aged about three years. After giving birth to second female child, accused persons including petitioners started threatening to the informant that they would solemnize marriage of her husband with another lady. Her husband mother-in-law, father-in-law, two Nana
The High Court has the inherent power to quash criminal proceedings in cases where the parties have settled their disputes amicably, particularly in matters of a civil nature arising from family disp....
The court established that in cases of matrimonial disputes, specific allegations must be made against each accused, and the existence of a compromise can lead to the quashing of criminal proceedings....
The court emphasized that in cases where marital disputes are resolved through mutual consent and settlement, continuing criminal proceedings would constitute an abuse of the legal process.
The High Court can quash non-compoundable offences in matrimonial disputes if the parties have settled amicably, emphasizing the importance of encouraging genuine settlements.
Compromise between parties in marital disputes can result in quashing of criminal proceedings, emphasizing the need to avoid abuse of the judicial process.
The power of quashing criminal proceedings in cases of settlement between the parties depends on the nature and gravity of the crime, societal interest, and the possibility of conviction.
Point of Law : While deciding whether to exercise its power under Section 482 of Code or not, timings of settlement play a crucial role. Those cases where settlement is arrived at immediately after a....
The Court emphasized that if parties amicably resolve their disputes, ongoing criminal proceedings should be quashed to prevent abuse of legal process.
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