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IN THE HIGH COURT OF JUDICATURE AT PATNA
CHANDRA SHEKHAR JHA
Garima Singh, Wife of Yatendra Nath Singh – Appellant
Versus
State of Bihar – Respondent
CHANDRA SHEKHAR JHA, J.
JUDGMENT :
Heard learned counsel appearing on behalf of the parties.
2. Present petition is being filed on behalf of the petitioners for quashing of order dated 04.01.2023, as passed by learned Addl. Distt & Session Judge - I Cum Special Judge, Kaimur at Bhabhua in Sessions Trial No. 258/2022, Mahila P.S. Case No. 20 of 2021, where the learned court below rejected the discharge petition of the petitioners, preferred under section 227 of the Cr.P.C.
3. As per case of prosecution, the marriage of the brother of the petitioners with respondent no. 2 was solemnized on 08.03.2019 at Lucknow, Uttar Pradesh. Thereafter, within two years, the said marriage entered into rough waters and the tensions in the family escalated to such a level that, the mother-in-law of the O.P. no. 2 lodged an FIR no. 81 of2021 dated 21.02.2021 in P.S. Sushant Golf City, Lucknow, against the O.P. no. 2. Thereafter, the brother of the petitioners filed a matrimonial case seeking divorce from O.P. no. 2, vide matrimonial case number 768 of 2021, filed under section 13(1)(i)(a) of the HINDU MARRIAGE ACT , before the court of learned Principal Judge Family Courts, Lucknow, Uttar Pradesh on 02.
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.
The court quashed the domestic violence complaint as the marriage was dissolved by mutual consent and a financial settlement was reached, preventing abuse of legal process.
The Court emphasized that if parties amicably resolve their disputes, ongoing criminal proceedings should be quashed to prevent abuse of legal process.
Compromise between parties in marital disputes can result in quashing of criminal proceedings, emphasizing the need to avoid abuse of the judicial process.
General allegations against in-laws in matrimonial disputes require specific accusations to avoid quashing of FIR under Section 482, Cr.P.C.
The High Court can quash criminal proceedings in matrimonial disputes if the parties have divorced and the informant does not wish to proceed, to prevent abuse of process and serve the ends of justic....
The Court quashed the FIR against distant relatives accused in a dowry case, emphasizing the need for specific allegations rather than general and omnibus claims in matrimonial disputes.
(1) Family Court has jurisdiction to determine matrimonial status of a person.(2) High Court is entitled to consider other materials before exercising its powers of quashing under Section 482 of Cr.P....
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