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JAVED IQBAL WANI
Rahul Vaid – Appellant
Versus
State of J&K – Respondent
JUDGMENT :
Through Video Conferencing
1. Initially the petitioners herein filed the instant petition under Section 561-A of the Code of Criminal Procedure seeking quashment of an FIR No. 21/2018 dated 24.12.2018 registered at Police Station Women Cell, Jammu, at the instance of respondent No. 4 against petitioners for commission of offences punishable under Sections 498-A, 323, 504, 506 and 109 RPC stating therein that petitioner No. 1 married respondent No. 4 on 11.03.2016 being a dowry less marriage and that soon after the marriage respondent No. 4 started harassing and humiliating the petitioner No. 1, pressurizing him to live separately from his old aged mother viz. petitioner No. 2 and that the respondent No. 4 succeeded in getting the petitioner No. 1 separated from petitioner No. 2 to live with respondent No. 4 away from his ancestral house at Pacca Danga, Jammu and despite that respondent No. 4 continued to humiliate and harass the petitioner No. 1 and ultimately respondent No. 4 sought divorce which the petitioner No. 1 refused resulting into institution of a petition under Section 12 of the Domestic Violence Act by the respondent No. 4 against the petitioners 1 to 3 before
The main legal point established in the judgment is that the court may exercise its power under Section 482 Cr.P.C. to quash criminal proceedings based on a genuine and voluntary compromise between t....
The Court can invoke inherent powers under Section 482 CrPC to quash proceedings based on a genuine and voluntary compromise, considering the nature of the offence, societal impact, and the ends of j....
The inherent jurisdiction of the High Court under Section 482 CrPC can be exercised to quash FIRs in cases where the parties have reached a settlement, particularly in disputes with a civil nature, p....
The main legal point established is that the inherent power of the High Court to quash criminal proceedings should be exercised to secure the ends of justice and prevent abuse of the process of law, ....
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....
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.
Offence - Settled Dispute - In the exercise of the power under Section 482 and while dealing with a plea that the dispute has been settled, the High Court must have due regard to the nature and gravi....
Section 482 preserves inherent powers of High Court to prevent an abuse of the process of any court or to secure ends of justice. The provision does not confer new powers. It only recognizes and pres....
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