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IN THE HIGH COURT OF JUDICATURE AT PATNA
JITENDRA KUMAR
Prabhu Niranjan Kumar Gupta, Son of Late Om Prakash Gupta – Appellant
Versus
State of Bihar – Respondent
| Table of Content |
|---|
| 1. overview of case and convictions (Para 1 , 2 , 3 , 4) |
| 2. settlement/compromise details presented (Para 5 , 6 , 7) |
| 3. court quashes proceedings based on settlement (Para 8 , 9) |
JUDGMENT :
Jitendra Kumar, J.
Both the Revision Petitions arise out of the same Parsa Bazar P.S. Case No. 152 of 2009, registered for the offences punishable under Section 498(A) and Section 34 of the Indian Penal Code against the Petitioners in both the petitions.
2. After trial, all the four petitioners, namely, Prabhu Niranjan Kumar Gupta, Sushma Devi, Gautam Kumar and Pawan Kumar have been convicted by learned S.D.J.M. Patna under Section 498(A) of the Indian Penal Code and Section 4 of the Dowry Prohibition Act and sentenced accordingly.
3. However, being aggrieved by the judgment of conviction and order of sentence passed by learned Trial, all the four petitioners preferred Criminal Appeal bearing no.2219 of 2014. However, the Criminal Appeal of the petitioners was also dismissed.
4. Hence, the convicts have preferred these two revision petitions. The Criminal Revision No.29 of 2019 has been preferred by Prabhu Niranjan Kumar Gupta and Sushma Devi, and the Criminal Revision No. 1413 of 2018 h
The court can quash criminal proceedings under inherent jurisdiction when parties mutually settle disputes, including divorce and alimony agreements.
The High Court has the power to quash criminal proceedings in exercise of its inherent jurisdiction, particularly in cases where the dispute is matrimonial in nature and private in nature, and where ....
The central legal point established in the judgment is the wide plenitude of the High Court's inherent power to quash criminal proceedings in cases of settlement, especially in offenses with a predom....
Point of law: Demand of Dowry – Acquittal - Procedure has been described to be a handmaid and not a mistress of law, intended to subserve and facilitate the cause of justice and not to govern or obst....
Point of law: offences for which the appellants have been charged are infact offences against society and not private in nature. Such offences have serious impact upon society and continuance of tria....
The central legal point established in the judgment is that in cases of family disputes where the wrong is private or personal in nature and the parties have resolved their entire dispute, the High C....
In matrimonial disputes with a civil flavor, the High Court may quash criminal proceedings if a full settlement exists, preventing abuse of process and securing the ends of justice.
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