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ROBIN PHUKAN
Shilpi Kumari @ Shilpi Kumari Rai W/o Sri Surender Kumar Rai – Appellant
Versus
State Of Assam – Respondent
JUDGMENT :
Heard Mr. S Chauhan, learned counsel for the petitioners. Also heard Mr. B. Sharma, learned Addl. Public Prosecutor, Assam appearing for the State respondent.
2. This petition, under Section 482 of the Code of Criminal Procedure, is preferred jointly by two petitioners, namely, (1) Smti. Shilpa Kumari @ Shilpa Kumari Rai and (2) Sri Sumangal Ray @ Shiva Mangal Rai, for quashing of the Sessions Case No. 260/2015 arising out of Sachal/Satgaon P.S. Case No.37/2012, under section 366 of the IPC, pending before the Court of learned Addl. Sessions Judge No.1, Kamrup(M).
3. The factual background of filing of the present petition is briefly stated as under:
4. Upon the said FIR, the Officer-in-Charge of
The court can invoke its power under Section 482 of the Code of Criminal Procedure to quash a criminal proceeding when the matter has been settled between the parties and continuing the proceeding wo....
The court established that a victim's marriage to the accused and her consent can negate allegations of kidnapping under IPC and POCSO Act.
The main legal principle established in the judgment is the significance of genuine settlements in matrimonial disputes and the exercise of the power of quashing criminal proceedings in appropriate c....
The High Court may exercise its inherent powers to quash criminal proceedings when the parties have reconciled, entered into a marital relationship, and are living as a stable family, as continuing t....
The High Court may quash proceedings under inherent powers if a victim and offender marry post-allegation, promoting justice and familial stability despite non-compoundable offences.
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