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SANJAY KUMAR DWIVEDI
Rupesh Kumar @ Rupesh Singh, S/o. Shiv Nath Singh – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
1. Mr. Sahay, the learned counsel has appeared suo muto by way of filing Vakalatnama on behalf of the O.P.No.2 and submits that compromise has been taken place between the parties.
2. Mr. Ankit Vishal, the learned counsel appearing for the petitioners submits that in terms of settlement, this matter may be quashed for the ends of justice.
3. This petition has been filed for quashing of the entire criminal proceeding including the first information report in connection with Mahila P.S.Case No.28/2021 registered for the offence under section 498A, 417, 504, 34 of the Indian Penal Code and section 3/4 of the Dowry Prohibition Act, now pending in the court of learned Chief Judicial Magistrate, at Giridih.
4. The case was lodged on the ground of torture and demand of dowry by the O.P.No.2.
5. Both the learned counsels jointly submits that in terms of compromise, O.P.No.2 has filed the divorce petition under section 13B of the Hindu Marriage Age, 1955 which is registered as O.S.(M.T.S.)Case No.91/2022 in the court of learned Principal Judge, Family Court, Giridih. They submit that the terms and conditions of divorce has been disclosed in the divorce petition itself. Sub parag
The court has the power to quash criminal proceedings under section 482 Cr.P.C based on the compromise between the parties and the fulfillment of the terms of the said compromise, especially when the....
The central legal point established in the judgment is the court's authority to quash criminal proceedings arising from a matrimonial dispute when a compromise has been reached between the parties, a....
Compromise can be accepted in certain cognizable and non-compoundable offences, provided it is verified by the 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....
Compromise between parties in marital disputes can result in quashing of criminal proceedings, emphasizing the need to avoid abuse of the judicial process.
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.
Point of law: offences for which the appellants have been charged are infact offences against society and not private in nature. Such offences have serious impact upon society and continuance of tria....
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