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IN THE HIGH COURT OF JUDICATURE AT PATNA
SOURENDRA PANDEY
Kashi Nath Jha, S/o. Late Yadubanshi Jha – Appellant
Versus
State of Bihar Bihar – Respondent
JUDGMENT :
SOURENDRA PANDEY, J.
Heard learned counsel for the petitioners and the learned APP appearing on behalf of the State.
2. The petitioners have preferred this application to quash the entire proceedings pending in connection with Madhubani Mahila P.S. Case No. 13 of 2014 dated 10.02.2014, GR No. 391/2014, TR No. 4045/2015, registered for the offences under Sections 498-A, 341, 323, 504 and 34 of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act in the court of the learned Sub-Divisional Judicial Magistrate, Madhubani.
3. The facts giving rise to the present application is to the effect that the O.P. No. 2 filed a case before Madhubani Mahila Police Station alleging that she was married to petitioner no. 3, Durga Nand Jha on 17.06.2010. It has been alleged that initially the informant was kept well by her in-laws and her husband thereafter her in-laws and her husband started torturing her for non-fulfillment of dowry. It has further been alleged that petitioner no. 3, her husband left her at her village and since then she has been residing with her mother.
4. Learned counsel for the petitioners submit that the petitioners are father-in-law, mother-in-law and the
The High Court has the inherent power to quash criminal proceedings in cases where the parties have settled their disputes amicably, particularly in matters of a civil nature arising from family disp....
The High Court has the inherent power to quash criminal proceedings in matrimonial disputes where reconciliation occurs, affirming that pursuing litigation should not counterproductive to family harm....
The power of quashing criminal proceedings in cases of settlement between the parties depends on the nature and gravity of the crime, societal interest, and the possibility of conviction.
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.
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.
The main legal point established is that in cases of matrimonial disputes where the wrong is private or personal in nature and the parties have resolved their entire dispute, the High Court may quash....
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