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ROBIN PHUKAN
Daniel Kakki, S/o Shri Mogam Kakki – Appellant
Versus
State of A. P. – Respondent
ORDER :
This application, under Section 482 Cr.P.C., is jointly preferred by the petitioners, namely, Shri Daniel Kakki and Mrs. Yai Nyokir Kakki, who are husband and wife, for quashing the FIR, dated 15.05.2020, of Pasighat Police P.S. Case No. 77/2020, registered under Section 498(A) of the IPC.
2. It is to be mentioned here that Pasighat P.S. Case No. 77/2020 registered under Section 498(A) of the IPC has been registered on the basis of one FIR lodged by the petitioner No. 2/Mrs. Yai Nyokir Kakki on 15.05.2020, for subjecting her to cruelty by the petitioner No. 1.
3. The factual background leading to filing of this petition is adumbrated hereinbelow:-
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.
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.
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....
The power of the High Courts to quash FIRs, the nature of offences that can be quashed based on compromise, and the influence of previous judgments on the court's decision.
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