Back
DINESH KUMAR SHARMA
Hukum Chand – Appellant
Versus
State – Respondent
JUDGMENT
Dinesh Kumar Sharma, J. (Oral)
CRL.M.A. 22262/2023 (delay)
Present application has been filed for condonation of delay of 31 days in filing the present petition.
For the reasons mentioned in the application, the delay of 31 days in filing the petition is condoned.
The application stands disposed of.
CRL.M.A. 22332/2023 (exemption)
Exemption is allowed subject to all just exceptions.
Application stands disposed of.
CRL.M.C. 5925/2023
1. Present petition has been filed for quashing of FIR no.0129 dated 23.02.2022 registered under Section 354/354(B)/323/34 IPC at PS Baba Haridas Nagar, Dwarka and all other proceedings emanating therefrom.
2. The FIR was lodge on the statement of `XXXXX' alleging therein that the complainant has gone to fill water at her father-in-law's house which is on the right side, where her father-in-law started misbehaving with her. She came running to her house, where her husband was taking bath in the bathroom. Then her father-in-law followed her and grabbed her and hit her chest and tore her clothes and pressed her chest and molested her. In order to save herself she started shouting then her husband and mother-in-law along with sister-in-law and her daught
The main legal point established is that the court may exercise its power under Section 482 Cr.P.C. to quash proceedings when the chances of conviction are bleak and a settlement between the parties ....
High Courts can quash FIRs in matrimonial disputes when parties amicably settle, as continuance would lead to abuse of judicial process and not serve the ends of justice.
The court has the inherent power under Section 482 to quash criminal proceedings based on a settlement between the parties, with the aim of achieving substantial justice and preventing abuse of the c....
Point of Law : Criminal proceedings or FIR - Quashed - Offence of Rape - Interest of justice would be met, in case, proceedings are quashed, as the parties have already compromised matter.
The court may quash proceedings if a settlement between the parties would lead to better relations and the chances of an ultimate conviction are bleak.
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 court has the power under Section 482 Cr.P.C. to quash criminal proceedings, even for heinous offenses, in cases of settlement and compromise, but must exercise this power sparingly and with caut....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
