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SANJAY KUMAR DWIVEDI
Pritesh Ranjan – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
1. Heard Mr. Shailesh, learned counsel for the petitioner, Mr. S.K. Srivastava, learned counsel for the State and Ms. Sonal Jaiswal, learned counsel for the O.P. No. 2.
2. The present petition has been filed for quashing of entire criminal proceeding including order taking cognizance dated 05.05.2018 in connection with Nirsa P.S. Case No. 203 of 2017, corresponding to G.R. No. 3388 of 2017, pending in the Court of learned Judicial Magistrate, Ist Class, Dhanbad.
3. Mr. Shailesh, learned counsel appearing for the petitioner submits that the marriage of the petitioner and O.P. No. 2 was solemnized in accordance with Hindu rites thereafter some dispute arose between the petitioner and O.P. No. 2 which resulted in filing the case under section 498A I.P.C and under section 3/4 of the D.P. Act. He further submits that the matter has been compromised between the parties for that a joint compromise petition has been filed on behalf of petitioner as well as O.P. No. 2 by way of I.A. No. 4139 of 2022 seeking permission to compromise the case. The settlement dated 07.05.2022 has been annexed as Annexure-A to the interlocutory application.
4. Ms. Sonal Jaiswal, learned counsel appearing
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 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 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 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 ....
In cases of compromise between parties and absence of societal interest, criminal proceedings can be quashed.
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 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....
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....
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