SANJAY KUMAR DWIVEDI
Harsh Suman – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
Heard Ms. Chandana Kumari, learned counsel for the petitioner, Mr. Rajneesh Vardhan, learned counsel for the State and Ms. Ruby Yadav, learned counsel for the O.P. No.2
2. This criminal miscellaneous petition has been filed for quashing of cognizance order dated 12.12.2018 including the entire criminal proceedings in connection with Complaint Case No. 399 of 2018, pending in the Court of learned Judicial Magistrate, Ist Class, Saraikella.
3. Ms. Chandana Kumari, learned counsel appearing for the petitioner submits that the case is arising out of matrimonial dispute and both parties have compromised the case by filing joint petition under section 13(B) of the Hindu Marriage Act for mutual divorce which has been brought on record by way of I.A. No. 4740 of 2022 filed for seeking permission to compromise the case.
4. Ms. Ruby Yadav, learned counsel for the O.P. No. 2 submits that matter has been compromised between the petitioner and O.P. No. 2 does not want to proceed further with this case. She further submits that both the parties have decided to obtain divorce by way of mutual consent under section 13(B) of Hindu Marriage Act.
5. Learned counsels for the petitioner as well a
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 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 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 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....
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 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 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 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.
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.