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ARVIND KUMAR VERMA
Shiv Prasad Nayak S/o Bhaskar Nayak – Appellant
Versus
State of Chhattisgarh Through Station House Officer – Respondent
ORDER :
Arvind Kumar Verma, J.
1. Heard on Admission.
2. Admit.
3. With the consent of the parties, matter is heard finally.
4. Petitioners have filed this petition invoking jurisdiction of this Court under Section 482 of Cr.P.C. seeking quashment of Criminal Case No.RCC/3652/2017 pending before the Judicial Magistrate First Class, Durg, arising out of FIR No.18/2017 lodged by respondent No.2/complainant (wife of petitioner No.1) on 23.02.2017 at PS- GRP Bhilai, for offence punishable under Section 498-A, 34 of the Indian Penal Code (IPC).
5. Brief facts of this case are that on 25.02.2016 respondent No.2/complainant was married with petitioner No.1 (Shiv Prasad Nayak). After marriage, due to some matrimonial dispute, complainant lodged report against her husband and in-laws (petitioner Nos.2 to 5) in the concerned Police Station. Based upon which, offence under Sections 498-A/34 of IPC was registered against them.
6. Learned counsel for the petitioners submits that during pendency of criminal case, settlement arrived between petitioners and complainant and their statements were also recorded before the Additional Registrar (Judicial) of this Court on 10.09.2024. As per settlement between
The court can quash non-compoundable offences under Section 498-A IPC if a genuine compromise exists, emphasizing the need to prevent abuse of the legal process.
The High Court can quash non-compoundable matrimonial offense proceedings if the parties have amicably settled their disputes, emphasizing the use of inherent powers to secure justice.
The High Court can quash non-compoundable offences in matrimonial disputes if the parties have settled amicably, emphasizing the importance of encouraging genuine settlements.
Point of Law : While deciding whether to exercise its power under Section 482 of Code or not, timings of settlement play a crucial role. Those cases where settlement is arrived at immediately after a....
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....
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....
Matrimonial disputes can be quashed under Section 482 of the Cr.P.C if amicably resolved, even if involving non-compoundable offences, prioritizing genuine settlements to secure justice.
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