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KARDAK ETE
Dilip Bahuria @ Babul, S/o. Lt. Shukudep Bahuria – Appellant
Versus
State of Nagaland, Kohima – Respondent
JUDGMENT :
Heard Mr. Toshitemjen Pongener, learned counsel for the petitioners, and also heard Mr. V. Zhimomi, learned Public Prosecutor for the State of Nagaland.
2. This application under Section 482 of the CrPC, 1973 has been filed jointly by the petitioner nos. 1 and 2 seeking quashment of the criminal proceedings which is pending before the court of the learned Judicial magistrate First Class in GR Case No. 30/2022, Kohima Women P.S. Case No. 03/2022 under Sections 323/354B/498A IPC, 1860.
3. The facts of the case is that both the petitioners herein are husband and wife. The petitioner no. 2, on 21.03.2022 had lodged an FIR before the Officer-in-charge, Women PS, Kohima, Nagaland against the petitioner no. 1 interalia alleging that the petitioner no. 1 has been physically, sexually, economically and mentally abusing her for years. Accordingly, FIR was registered being Kohima Women PS Case No. 03/2022 under Sections 323/354B/498A IPC. Thereafter, on the basis of the FIR, the petitioner no. 1 was arrested on the same day.
4. After completion of the investigation the Investigating Officer filed a Charge sheet, bearing Charge sheet No. WPS C/No. 0042/2022 dated 18.04.2022 under Sectio
The central legal point established in the judgment is that in cases of family disputes where the wrong is private or personal in nature and the parties have resolved their entire dispute, the High C....
The High Court has the inherent power to quash criminal proceedings under Section 482 of the Cr.P.C. even for non-compoundable offences if the parties have amicably settled their disputes and continu....
The central legal point established in the judgment is that the court has the power to quash criminal proceedings involving non-compoundable offences in view of the compromise between parties, provid....
The High Court can exercise its inherent powers under Section 482 Cr.P.C. to quash criminal proceedings for non-compoundable offences if the parties have settled their disputes amicably and continuat....
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