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IN THE HIGH COURT OF JUDICATURE AT PATNA
CHANDRA SHEKHAR JHA
Gyan Vardhan, S/o Anil Kumar – Appellant
Versus
State of Bihar – Respondent
JUDGMENT :
CHANDRA SHEKHAR JHA, J.
1.Heard Mr. Rana Vikram Singh, learned counsel for the petitioners, Mr. Jagdhar Prasad Singh, learned APP for the State and Mr. Shaishav Kumar, learned counsel appearing on behalf of O.P. No.2.
2. The present petition has been preferred under Section 482 of Code of Criminal Procedure (in short ‘Cr.P.C.’) for quashing of the order dated 16.08.2022 as passed by the learned Judicial Magistrate-1st Class, Patna in connection with Complaint Case No.2047(C) of 2021, whereby the learned Jurisdictional Magistrate has taken cognizance of the offences punishable under Sections 498-A, 325, 506 of the Indian Penal Code (in short ‘I.P.C.’) as well as Sections 3 and 4 of the Dowry Prohibition Act (in short ‘D.P. Act’) and issued summons against the petitioners to face trial.
3. As per the case of the complainant/O.P. No.2 filed before the court of learned Chief Judicial Magistrate, Patna on 08.06.2021, it appears that she got married on 16.02.2020 according to Hindu Rites and Customs with petitioner no.1. After sometime, the complainant was subjected to physical and mental cruelty in her matrimonial home due to non-fulfilment of demand of dowry as raised further by
Compromise between parties in marital disputes can result in quashing of criminal proceedings, emphasizing the need to avoid abuse of the judicial process.
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 court may quash non-compoundable criminal proceedings arising from matrimonial disputes if the parties have reached an amicable settlement.
The Court emphasized that if parties amicably resolve their disputes, ongoing criminal proceedings should be quashed to prevent abuse of legal process.
The court can quash criminal proceedings in matrimonial disputes when the parties have resolved their entire dispute through compromise, considering the nature and gravity of the crime and its impact....
The central legal point established in the judgment is that in matrimonial disputes, where the parties have resolved their entire dispute through compromise, the court can quash the criminal proceedi....
The court emphasized the necessity to quash criminal proceedings when allegations do not constitute an offence, especially in matrimonial disputes resolved amicably with mutual consent and alimony.
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