Back
SANJAY DHAR
Abdullah Danish Shervani – Appellant
Versus
UT of J&K – Respondent
JUDGMENT :
SANJAY DHAR, J.
1. Instant petition has been filed by the petitioner seeking quashment for FIR No. 19/2018 for offences under Section 498A RPC registered at Police Station, Nigeen Srinagar and the consequent criminal proceedings pending before the Court of Special Mobile Magistrate 13th Finance Commission (Sub Judge), Srinagar.
2. The case set up by the petitioner is that he was married to one Mehnaz Siddiqui (the complainant in impugned FIR), who hails from Karachi Pakistan, as per Muslim Personal Law in the year 2009. It is contended that some personal differences and dispute arose between the parties, which ultimately resulted in divorce between the parties on 11.09.2017. It is contended in the petition that the parties filed various litigations against each other in the form of civil suit, writ petition, petition under Section 488 Cr.P.C. and various other criminal complaints besides lodging the impugned FIR against the petitioner, which ultimately culminated into presentation of a charge sheet and the same is pending before the Court of Special Mobile Magistrate 13th Finance Commission (Sub-Judge), Srinagar.
3. It seems that during the pendency of all these proceedings,
The main legal point established in the judgment is that in cases of matrimonial disputes where the parties have resolved their entire dispute and there is a remote possibility of securing conviction....
The High Court has the jurisdiction to quash criminal proceedings in cases of matrimonial disputes where the parties have resolved their entire dispute through a compromise, and there is a remote pos....
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 main legal point established is that in cases of matrimonial disputes where the wrong is private or personal in nature and the parties have resolved their entire dispute, the High Court may quash....
Point of Law : While deciding whether to exercise its power under Section 482 of Code or not, timings of settlement play a crucial role. Those cases where settlement is arrived at immediately after a....
The court can quash non-compoundable offences if a compromise is reached, preventing abuse of process and ensuring justice.
The High Court has the jurisdiction to quash criminal proceedings in cases with predominantly civil flavor and where the wrong is private or personal in nature and the parties have resolved their ent....
The High Court can quash non-compoundable offences in matrimonial disputes if a compromise indicates a remote possibility of conviction, preventing abuse of process.
The High Court can quash non-compoundable offences in private disputes if a compromise is reached, ensuring justice and preventing abuse of process.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
