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UDAY KUMAR
Sandipan Mukherjee – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
UDAY KUMAR, J.
1. This revisional application has been preferred under Section 482 read with 401 of Code of Criminal Procedure 1973, (hereinafter referred to as Cr.P.C.) for quashing of the Shibpur Police Station Case No.1261 of 2014 dated 12.12.2013 and charge-sheet being No.29/15 dated 07.01.2015 filed under Sections 498A/406 of the Indian Penal Code, 1862 (hereinafter referred to as I.P.C.) corresponding G.R. Case No. 10076 of 2013 pending before the learned 5th Judicial Magistrate, Howrah, on the ground that the continuance of this criminal proceeding will amount to abuse of the process of court after grant of decree of divorce on mutual consent and in light of the prayer for quashing the criminal proceedings made by his mother-in-law Sampa Mukherjee, on affidavit, in CRAN 1 of 2017 (Old No. CRAN 5048 of 2017).
2. The facts as frescoed in the revisional application are that the petitioner Sadndipan Mukherjee and other party No. 2 Mou @ Moumita Mukherjee (Samanta) are husband and wife. Their marriage was solemnized on 03rd March, 2013, as per Hindu rites and customs, and it was duly consummated by cohabitation. Due to temperamental differences, she abandoned her matrimon
The court may quash non-compoundable criminal proceedings arising from matrimonial disputes if the parties have reached an amicable settlement.
The High Court can exercise its inherent powers under Section 482 Cr.P.C. to quash criminal proceedings for non-compoundable offences if the parties have settled their disputes amicably and continuat....
The High Court can quash non-compoundable offences in matrimonial disputes if the parties have settled amicably, emphasizing the importance of encouraging genuine settlements.
The settlement between the parties and mutual divorce under Section 13-B of the Hindu Marriage Act, 1955, can justify the quashing of criminal proceedings under Section 482 of the Code, especially in....
The main legal point established in the judgment is the court's authority to exercise inherent powers under Section 482 of the Code of Criminal Procedure to quash criminal proceedings, emphasizing th....
The main legal point established in the judgment is the court's authority to quash criminal proceedings and FIR under Section 482 of the Code of Criminal Procedure, especially when the parties have a....
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....
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