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SANJAY KUMAR DWIVEDI
Amit Agarwal – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
Heard Mr. Vikah Kumar, learned counsel for the petitioners, Mr. S.K. Tiwari, learned counsel for the State and Mr. Lalit Yadav, learned counsel for the O.P. No. 2.
2. This criminal miscellaneous petition has been filed for quashing of entire criminal proceeding in connection with C.P. Case No. 1336 of 2019 arising out of Bank More P.S. Case No. 348 of 2018 including order dated 21.11.2019 whereby the learned court found a prima facie case under section 498A/313 of the I.P.C. and under section 3/4 of the Dowry Prohibition Act against the petitioners, pending in the Court of learned Judicial Magistrate, Ist Class, Dhanbad.
3. Mr. Vikash Kumar, learned counsel appearing for the petitioners submits that case is arising out of matrimonial dispute. He further submits that petitioner no.1-husband and O.P. No. 2-wife have compromised the case and with the mutual consent a petition for divorce has been filed under section 13(B) of the Hindu Marriage Act which was numbered as Original Suit No. 325/2021 in which divorce has been granted. He further submits that terms and conditions have been disclosed in the said suit and both the parties agreed to withdraw the criminal cases filed by
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 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 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 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 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 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 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 main legal point established in the judgment is that in cases of compromise in matrimonial disputes, where no societal interest is involved, the court may quash the criminal proceeding, consideri....
In cases of compromise between parties and absence of societal interest, criminal proceedings can be quashed.
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