SANJAY KUMAR DWIVEDI
Suraj Kumar – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
1. Heard Mr. Kanti Kr. Ojha, learned counsel for the petitioners, Mr. Prabbhu Dayal Agrawal, learned counsel for the State and Mr. P.K. Choudhary, learned counsel for the O.P. No. 2.
2. This criminal miscellaneous petition has been filed for quashing of entire criminal proceeding including order dated 25.09.2020 passed in Sindri P.S. Case No. 40/2019 whereby cognizance has been taken against the petitioners for the offences under sections 498(A), 323, 377, 504, 506 of the Indian Penal Code and under section 3/4 of the D.P. Act, pending in the Court of learned Judicial Magistrate, Ist Class, Dhanbad.
3. Mr. Kanti Kr. Ojha, learned counsel for the petitioner submits that the case is arising out of matrimonial dispute and cognizance has been taken under sections 498(A) I.P.C. and other sections of I.P.C. He further submits that compromise has entered into between the petitioners and O.P. No. 2 who is wife of petitioner no. 1.
4. Mr. P.K. Choudhary, learned counsel for the O.P. No. 2 accepts that compromise has entered into between petitioners and O.P. No. 2. He further submits that O.P. No. 2 is residing happily with petitioner no. 1-husband.
5. Learned counsel for the State fa
The main legal point established in the judgment is that in cases of compromise between the parties in a matrimonial dispute, where no societal interest is involved and the possibility of conviction ....
The court has the power to quash criminal proceedings in cases involving compromise between the parties, considering the nature and gravity of the crime, societal impact, and the fairness of continui....
The power to quash criminal proceedings must be exercised in accord with the guideline engrafted in such power, with due regard to the nature and gravity of the crime, and considering whether continu....
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 may quash criminal proceedings in matrimonial disputes when the possibility of conviction is remote, and continuation of the case would cause oppression and prejudice to the accused, in lin....
The court emphasized the importance of considering the nature and gravity of the crime, societal impact, and the fairness of continuing the criminal proceeding in cases involving compromise between t....
The court can quash criminal proceedings in matrimonial disputes based on the settlement between the parties and the absence of societal interest, as per the judgments of the Hon’ble Supreme Court.
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 central legal point established in the judgment is the power of the High Court to quash criminal proceedings in exercise of its inherent jurisdiction, considering the absence of societal interest....
In cases of compromise between parties and absence of societal interest, criminal proceedings can be quashed.
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