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IN THE HIGH COURT OF JUDICATURE AT PATNA
SONI SHRIVASTAVA
Baby Nazm Wife of Galib – Appellant
Versus
State of Bihar – Respondent
JUDGMENT :
SONI SHRIVASTAVA, J.
1. Heard Mr. Rajesh Mohan, learned counsel for the petitioners, learned APP for the State and Mr. Sanjan Kumar Sharan, learned counsel appearing on behalf of opposite party no.2.
2. The instant application has been filed for quashing of order dated 06.02.2006 passed by the learned S.D.J.M, West Champaran at Bettiah, whereby and whereunder the learned Magistrate took cognizance against the petitioners in connection with Complaint Case No.712(C) of 2005 (S.Tr. No. 423 of 2018) under Section 498A of IPC and also issued summons thereunder.
3. The short facts of the case, leading to the impugned order taking cognizance is, based on the complaint filed by the opposite party no.2 (complainant) leading to the institution of the Complaint Case No.712(C) of 2005, relates to demand of dowry and cruelty meted out to the opposite party no.2 at the hands of the accused persons including the present petitioners.
4. The petitioners before this Court are the sister-in-law and two brothers-in-law of the opposite party no.2.
5. Learned counsel for the petitioners, besides urging other grounds on merits, has primarily laid emphasis on the fact that parties have now resolved t
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.
Compromise between parties in marital disputes can result in quashing of criminal proceedings, emphasizing the need to avoid abuse of the judicial process.
Compromise can be accepted in certain cognizable and non-compoundable offences, provided it is verified by the court.
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....
Criminal proceedings for serious offences like dowry death cannot be quashed on the grounds of compromise, as public interest necessitates accountability for heinous acts.
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