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SANJAY KUMAR DWIVEDI
Mithilesh Kumar Das s/o late Shridhar Lal Das – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
1. Heard Mr. Mritunjay Choudhary, the learned counsel appearing on behalf of the petitioners, Mr. Suraj Verma, the learned State counsel and Mr. Venkatesh Gopal, the learned counsel appearing on behalf of the O.P.No.2.
2. This petition has been heard through Video Conferencing in view of the guidelines of the High Court taking into account the situation arising due to COVID-19 pandemic. None of the parties have complained about any technical snag of audio-video and with their consent this matter has been heard.
3. This petition has been filed for quashing of the order dated 07.01.2020 arising out of Complaint Case No.201/2019 whereby cognizance has been taken under sections 498A/323/406/504 read with section 34 of the I.P.C as well as section 3/4 of Dowry Prohibition Act and to quash the entire criminal proceeding, pending in the court of learned Judicial Magistrate, 1st Class, Dhanbad.
4. The learned counsel for the petitioners submits that on the basis of mutual settlement, an application was moved before the competent court under section 13B of the Hindu Marriage Act which was numbered as Original Suit No.484/2020 which has been decreed on 24.07.2021 by which the decr
The main legal point established in the judgment is the court's power to quash criminal proceedings in cases of compromise between the parties in matrimonial disputes where no societal interest is in....
The High Court can quash non-compoundable offences in matrimonial disputes if the parties have settled amicably, emphasizing the importance of encouraging genuine settlements.
The central legal point established in the judgment is the importance of considering societal interest, timing of settlement, and nature of the offense in deciding whether to quash criminal proceedin....
The court emphasized that in cases where marital disputes are resolved through mutual consent and settlement, continuing criminal proceedings would constitute an abuse of the legal process.
The main legal point established in the judgment is the court's power to quash criminal proceedings in cases of compromise between the parties, especially in matrimonial disputes, where the possibili....
The main legal point established is that in matrimonial disputes, if the parties settle their disputes amicably and obtain a divorce on mutual consent, with the wife receiving permanent alimony, the ....
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