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IN THE HIGH COURT OF JUDICATURE AT PATNA
CHANDRA SHEKHAR JHA
Manish Singh S/o Late Narendra Kumar Singh – 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 preferred by the petitioners for quashing of Criminal Case No. 2992 of 2019 passed by A.C.J.M.-4, Patna Sadar Court arising out FIR No. 133 of 2019 dated 15.04.2019 at P.S. Shri Krishna Puri, Patna for the offences punishable under Sections 498 A, 420 and 34 of the I.P.C.
3. The case of the prosecution in brief is that informant/O.P. No. 2 was married to Manish Singh on 16.02.2017. Petitioners told the informant that they are not able to spend money in marriage due to demonetization, so the informant, namely Raj Ballabh Singh gave loan of Rs. 65000/- to his son-in-law on 04.01.2017. Between 06.01.2017 to 27.02.2017, informant gave a total of Rs. 9.50,000/- to the father of petitioner no. 1 i.e. late Mr. Narendra Kumar Singh and petitioner no. 2 Kanti Devi through cheques. Informant gave them money because petitioners said that loan amount would be returned to him after demonetization. Thereafter, two letters dated 04.01.2019 and 08.02.2019 sent to the petitioners to return the money, but loan amount was not returned to the informant.
4. It appears that pres
The court emphasized that the continuation of criminal proceedings in matrimonial disputes, once amicably settled, constitutes an abuse of the legal process, aligning with precedents addressing the m....
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 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....
Compromise between parties in marital disputes can result in quashing of criminal proceedings, emphasizing the need to avoid abuse of the judicial process.
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 may quash non-compoundable criminal proceedings arising from matrimonial disputes if the parties have reached an amicable settlement.
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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