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IN THE HIGH COURT OF JUDICATURE AT PATNA
CHANDRA SHEKHAR JHA
Amresh Pandey Son of Mahesh Pandey – Appellant
Versus
State of Bihar – Respondent
| Table of Content |
|---|
| 1. facts of the marriage and allegations (Para 2 , 3) |
| 2. arguments supporting quashing of fir (Para 4 , 6 , 7 , 8) |
| 3. relevant legal precedents cited (Para 9 , 13) |
| 4. court's rationale and considerations for quashing (Para 10 , 11 , 14) |
| 5. order to quash fir and conclusion of the case (Para 15 , 16 , 17) |
JUDGMENT :
CHANDRA SHEKHAR JHA, J.
Heard learned counsel appearing on behalf of the parties.
2. The present application has been preferred by the petitioners for quashing of First Information Report dated 22.06.2023, instituted under Sections 341, 323, 504, 506, 313, 376, 498(A)/34 I.P.C and 3/4 of D.P. Act, registered in Bhojpur Mahila P.S. Case No. 35/2023.
3. The case of the prosecution in brief is that informant/O.P. No. 2 was married to Satyam Pandey @ Satyam Kumar (Petitioner no. 2) on 18.02.2022 according to Hindu rites and rituals. In marriage, her father had gifted 15 Lakh in cash and worth of Rs. 8 lacs Jewellery to her in-laws. After few days of marriage, she was physically and mentally tortured by her husband and in- laws. Her husband namely Satyam Pandey used to come every day drunk and fight with her and her in-laws also assisted him to beat her. When she told
The court may quash an FIR when allegations are unsubstantiated, malicious, or arise from a compromised situation post-marriage dissolution, to prevent abuse of the legal process.
The court upheld that serious allegations of dowry death must be addressed despite compromises, prioritizing societal interests and the nature of the offense.
Point of law: Quash of FIR - Dowry Death – Court is not hundred percent sure as what is the role genesis from each of the accused and therefore, court is restraining ourselves from entertaining this ....
Continuing legal proceedings after mutual settlement in a matrimonial dispute constitutes an abuse of the judicial process, warranting quashing of the FIR.
Quashing of Criminal proceedings- Conferred under Section 482 of the Code to quash the criminal proceedings for the non-compoundable offences under Section 320 of the Code can be exercised having ove....
Criminal proceedings can be quashed when based on unsubstantiated allegations, especially in cases of inordinate delay in the investigation, which infringes on the right to a speedy trial.
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