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KAKHETO SEMA
Deke Gadi, Son of Shri Deke Niting – Appellant
Versus
State of AP Represented by Public Prosecutor – Respondent
JUDGMENT :
Heard Mr. K. Gara, learned counsel for the petitioners and Ms. L. Hage, learned Addl. P.P, for the State of Arunachal Pradesh.
2. This is an application filed by the petitioner under section 482 of the Cr. P.C, 1973 for quashing and setting aside the FIR dated 10.11.2016 which is registered as Banderdewa P.S Case No. 36/2016 under section 448/435/427 of the IPC corresponding to G.R Case No. 793/2016 and the criminal proceeding pending before the learned Judicial Magistrate First Class Yupia District-Papum Pare, Arunachal Pradesh.
3. The fact of the case in brief is that the petitioner No.1 (alleged accused) and the petitioner No.3 (the victim) are husband and wife. The petitioners had a misunderstanding over a trivial issue and due to which the petitioner No.3 left the matrimonial home and went to her sister house at Karsingsa, Banderdewa without informing the petitioner No.1. The petitioner No. 1 went in search of the petitioner No.2 at his sister-in-law place, however not finding the petitioner No.3 at her sister house, the petitioner No.1 became infuriated and began destroying the personal belongings of the petitioner No.3 as well as the furniture, fans and fixtures belo
The main legal point established in the judgment is the validity of quashing criminal proceedings based on a genuine and valid compromise, considering the nature of the offences and the impact on pub....
The court can exercise its inherent power under Section 482 Cr.P.C. to quash criminal proceedings for non-compoundable offences based on the settlement between the parties, to secure the ends of just....
The main legal point established in the judgment is that the quashing of criminal proceedings based on compromise between the parties should be considered in light of the nature and gravity of the of....
The exercise of inherent power for quashing the FIR and consequent proceedings is justified to secure the ends of justice, especially in cases involving voluntary compromise and non-compoundable offe....
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