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RAHUL BHARTI
Divinder Kour – Appellant
Versus
UT of J&K – Respondent
JUDGMENT :
1. Through the present case, this Court is seizing an occasion and opportunity to examine the legal position that it is not possible/feasible for a complainant wife and an accused husband in a given criminal case under trial for the commission of offence under section 498-A Indian Penal Code and other related offences, to join together and call upon the Public Prosecutor conducting the prosecution to exercise his authority to withdraw from the prosecution so as to sub-serve the interest of justice when a complainant/wife amicably reconciles her matrimonial differences and grievances with and against her accused husband and his relatives thereby intend to end the criminal case initiated upon her complaint/first information report before the very criminal court seized of the trial of the case.
2. By filing the present petition invoking the inherent power of this court available under Section 482 of the Code of Criminal Procedure, 1973 (in short, “CrPC”), the petitioners no. 1 and 2, being wife and husband, have joined together for seeking quashment of a criminal case under trial, based upon the police report no. 57 of 2020 submitted by the Police Station, Janipur, Jammu, aga
Parties involved in a criminal case under section 498-A IPC, upon reconciliation, are entitled to seek withdrawal of the prosecution by presenting an application to the criminal court for the Public ....
The ultimate guiding consideration for withdrawal from prosecution must be the interest of administration of justice, and the Public Prosecutor must apply independent judgment.
Withdrawal of prosecution under Section 321 Cr.P.C. requires judicial consent, with the court ensuring it serves public interest, reflecting the prosecutor's independent evaluation of the case's meri....
The withdrawal of criminal prosecution under Section 321 Cr.P.C. requires the Public Prosecutor to act independently in the interest of justice, and while the court has the final authority to consent....
The withdrawal of prosecution under Section 321 of the Cr.P.C. must be in the interest of public policy and justice, and the court must ensure that the executive function of the public prosecutor has....
The Public Prosecutor's discretion to withdraw from the prosecution under Section 321 Cr.P.C must be exercised in the interest of justice.
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