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RADHAKISHAN AGRAWAL
Nikhil Nathani S/o Shankarlal Nathani – Appellant
Versus
State of Chhattisgarh – Respondent
ORDER :
1. Petitioners have filed this petition under Section 482 of the Criminal Procedure Code, 1973 (in brevity ‘Cr.P.C.’) seeking quashing of First Information Report (‘FIR’) No. 82/2022 dated 08.05.2022 under Sections 498A, 377 and 34 of Indian Penal Code, 1860 (for brevity ‘IPC’) registered at Police Station Mahila Thana, Raipur (C.G.) along with all consequential proceedings arising out of the said FIR, on the basis of compromise.
2. Facts of the case are that petitioner No. 1 Nikhil Nathani was married to respondent No. 2 Chandni Nathani on 21.02.2018. Thereafter, an FIR was lodged by respondent No. 2 against her husband and other family members and offence was registered under Sections 498A, 377 and 34 of IPC. It is contended that petitioner No. 1 Nikhil Nathani and respondent No. 2 Chandni Nathani have parted their ways. It is further contended that settlement in between the parties has been arrived at and by way of deed of settlement dated 19.10.2022.
3. Learned counsel for the petitioners submits that the dispute arose between the parties is purely a matrimonial dispute arising out of personal discord and the FIR was a result of matrimonial dispute between them. He further
Point of Law - Section 482 preserves the inherent powers of the High Court to prevent an abuse of the process of any court or to secure the ends of justice.
Criminal proceedings or FIR or complaint can be quashed under Section 482 Cr. P.C. in appropriate cases in order to meet ends of justice. Even in non-compoundable offences pertaining to matrimonial d....
Powers of High Court under Section 482 to quash criminal proceedings where dispute is of a private nature and a compromise is entered into between the parties who are willing to settle their differen....
Point of Law : Criminal cases involving offences which arise from commercial, financial, mercantile, partnership or similar transactions with an essentially civil flavour may in appropriate situation....
Point of Law : High Court may quash the criminal proceeding if in view of the compromise between the disputants, the possibility of a conviction is remote and the continuation of a criminal proceedin....
Offence - Settled Dispute - In the exercise of the power under Section 482 and while dealing with a plea that the dispute has been settled, the High Court must have due regard to the nature and gravi....
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