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THE GAUHATI HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH
ANJAN MONI KALITA
Sunday Sono and Anr. Son of ALte Fei Sono – Appellant
Versus
Sate of AP represented by the PP of AP – Respondent
| Table of Content |
|---|
| 1. factual basis of the case and proceedings. (Para 2 , 3 , 4 , 5) |
| 2. petitioners seek quashing of proceedings for marital stability. (Para 6 , 7 , 8) |
| 3. court analyzes principles on quashing based on settlements. (Para 9 , 10 , 11 , 12 , 13 , 14) |
| 4. ends of justice served by quashing criminal proceedings. (Para 15) |
| 5. final order disposing of the instant petition. (Para 16 , 17) |
JUDGMENT & ORDER :
ANJAN MONI KALITA, J.
Heard Mr. T. Dada, learned counsel appearing on behalf of the petitioners. Also heard Mr. G. Tado, learned Additional P.P. representing the State.
2. The instant petition has been filed jointly by the petitioners, under Section 528 of the BNSS , 2023, praying for quashing and setting aside of the Seppa Women P.S. Case No. 13/2022, under Section 498A/323 of the IPC , along with the Charge-sheet No. 18/2022 and the connected criminal proceeding in Seppa Women P.S. Case No. 13/2022 (GR Case No. 69/2022), registered under Sections 498A/323 of the , pending before the Court of Chief Judicial Magistrate, Seppa, East Kameng District.
3. The Seppa Women P.S. Case No. 13/2022, under Sections 498A/323 of the IPC , was registered on the strength of a written complai
The High Court may quash non-compoundable criminal proceedings if the parties have settled their disputes amicably, especially when the continuation of the trial would be futile and overly burdensome....
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 can quash non-compoundable charges if the parties amicably resolve their dispute, as the likelihood of conviction is low and the proceeding would be futile.
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