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N. UNNI KRISHNAN NAIR
Yane Raji, W/o. Shri Boren Nalo – Appellant
Versus
State Of A. P. through the PP of AP, Arunachal Pradesh, Gauhati High Court, Itanagar Permanent Bench – Respondent
JUDGMENT :
Heard Mr. K. L. Nayam, learned counsel for the petitioners. Also heard Ms. T. Jini, learned Addl. Public Prosecutor for the State respondent.
2. The petitioners, who are the husband and wife, have jointly instituted the present proceedings praying for quashing of the FIR, dated 09.07.2021, lodged by the petitioner no. 1 (wife) against the petitioner no. 2 (husband), leading to registration of Itanagar Women Police Station Case No. 87/2021, under Section 498(A) of the IPC and the corresponding G.R. Case No. 614/2021, presently pending in the files of the learned Chief Judicial Magistrate, Capital Complex, at Yupia.
3. The petitioner no. 1 herein, had lodged an First Information Report (FIR) on 09.07.2021 against the petitioner no. 2 alleging therein that the petitioner no. 2 had forcefully kidnapped her minor daughter while the petitioner no. 1 was proceeding to get her admitted at Gellam Memorial School located at SRPL Colony at Chandranagar, Itanagar, on 08.07.2021. The petitioner no. 1 further alleged in the said FIR that the petitioner no. 2 under influence of alcohol used to assault her. The police on receipt of the said FIR proceeded to register Itanagar Women Polic
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....
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 quash non-compoundable offences in matrimonial disputes if the parties have mutually settled their issues, ensuring justice and preventing abuse of the court process.
The court may quash non-compoundable criminal proceedings arising from matrimonial disputes if the parties have reached an amicable settlement.
Point of Law - Section 482 preserves the inherent powers of the High Court to prevent an abuse of the process of any court or to secure the ends of justice.
The main legal point established in the judgment is the court's authority to exercise inherent powers under Section 482 of the Code of Criminal Procedure to quash criminal proceedings, emphasizing th....
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