Back
ROBIN PHUKAN
Subhit Saikia S/o Late Khirud Saikia – Appellant
Versus
State of Assam – Respondent
JUDGMENT :
ROBIN PHUKAN, J.
1. Heard Mr. S. Islam, learned counsel appearing for the petitioners. Also heard Mr. P. Borthakur, learned Addl. P.P. Assam, appearing for the State. And also heard Mr. M. Mondal, learned counsel for respondent No. 2.
2. This application under Section 482 of the Cr.P.C. is preferred by applicants, namely, Subhit Saikia, Sikha Senapati and Subhan Saikia for quashing of the entire proceeding in PRC Case No. 492/2021, under Sections 498(A)/323/506 of the IPC, corresponding to Tinsukia P.S. Case No. 829/2021, registered under Section 498(A)/325/326/ 506 of the IPC, pending in the Court of learned SDJM (S), Tinsukia.
3. The factual background leading to filing the present petition is briefly stated as under.
4. On 10.05.2021, Smti Kakoli Talukdar, wife of Sri Subhit Saikia lodged one FIR with the Officer-in-Charge, Biswanath Chariali P.S. alleging inter-alia, amongst others that she got married with Subhit Saikia on 19.11.2018, and thereafter, lived together with him as husband and wife and after the marriage, her husband and his family members subjected her to both mental and physical cruelty.
5. As the place of occurrence falls under the jurisdiction of Tinsukia
When parties have approached Court for quashing proceeding, on basis of settlement, guiding factor for Court would be: (i) to secure ends of justice or (ii) to prevent abuse of process of any Court.
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....
The central legal point established is that the power to quash criminal proceedings can be exercised when the parties have settled their dispute and continuation of the proceedings would be an abuse ....
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....
Criminal cases with a predominantly civil flavor, particularly those arising from matrimonial relationships, can be quashed if the parties have resolved their entire dispute and the possibility of co....
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.
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
