Back
ROBIN PHUKAN
Braham Prakash Bansal S/o. Lt Gopiram Bansal – Appellant
Versus
State Of Assam Rep. By P. P. , Assam – Respondent
JUDGMENT :
1. Heard Mr. R. K. Nath, learned counsel for the petitioner. Also heard Mr. K.K. Parasar, learned Addl. P.P., Assam for the State/respondent No.1 and Ms. G. Borah, learned counsel for the respondent No.2.
2. This petition under Section 482 of the CrPC, read with Section 397/401 of the CrPC, is preferred by the petitioner, Sri Braham Prakash Bansal @ Rahul Bansal for quashing of the FIR dated 18.03.2019, filed by the respondent No.2, Sri Prakash Agarwal, to the effect that on 16.03.2019, his sister Smti Sunaina Palriwal (Bansal), who got married with one Braham Prakash Bansal of Dholla informed him that her in-laws subjected her to physical torture and kept her confined in a room and are not allowing her to come out and they are going to do away with her live.
3. Upon the said of the FIR, lodged by Sri Prakash Agarwal, the Dholla P.S. Case No.13/2019, under Section 498(A) of the IPC has been registered and investigation is being carried out. Pending investigation, the parties have settled the dispute amicably and being the offence under Section 498(A) IPC, not compoundable, they approached this Court by filing the present petition to quash the FIR.
4. Mr. R.K. Nath, learn
Matrimonial dispute – Harassment – Compromise between parties – Quash of FIR.
The court can quash FIRs in non-compoundable offences under Section 482 Cr.P.C. when a genuine compromise is reached between the parties, particularly in matters of a private nature.
Quash of Criminal proceedings – Non compoundable offences – Compromise between parties.
Criminal proceedings, particularly those arising from matrimonial disputes, may be quashed by the High Court under its inherent powers when the parties have reached an amicable settlement, provided t....
The Court can invoke inherent powers under Section 482 CrPC to quash proceedings based on a genuine and voluntary compromise, considering the nature of the offence, societal impact, and the ends of j....
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.
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
