Back
SANJAY KUMAR DWIVEDI
Shankunath Mandal S/o Shambhu Nath – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
SANJAY KUMAR DWIVEDI, J.
1. Heard Mr. B.R. Lochan, learned counsel appearing for the petitioner, Mrs. Priya Shrestha, learned counsel for the State and Mr. Shankar Singh, learned counsel for opposite party no. 2.
2. This petition has been filed for quashing the entire criminal proceeding including the order taking cognizance dated 24.09.2020 passed by the learned Sub-Divisional Judicial Magistrate, Sadar, Chaibasa in G.R. Case No. 444/2020 (Kiriburu Mahila P.S. Case No. 01/2020), pending in the court of the learned Sub-Divisional Judicial Magistrate, Sadar at Chaibasa.
3. The opposite party no. 2 Minakshi Mandal has lodged complaint against the petitioner and cognizance has been taken under Section 494/498(A) of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act against the petitioner.
4. Mr. B.R. Lochan, learned counsel appearing for the petitioner submits that compromise has been entered between the parties. He further submits that in terms of the compromise, the petitioner has already paid sum of Rs. 10 Lakhs to opposite party no. 2. He also submits that the bank draft of Rs. 15 Lakhs is ready in the hand of the petitioner, who is present in the Court. He f
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....
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....
Compromise between parties in marital disputes can result in quashing of criminal proceedings, emphasizing the need to avoid abuse of the judicial process.
Compromise can be accepted in certain cognizable and non-compoundable offences, provided it is verified by the court.
Compromise verified by the trial court can lead to quashing of criminal proceedings, even for cognizable offences, emphasizing judicial efficiency.
The court established that in cases of matrimonial disputes, specific allegations must be made against each accused, and the existence of a compromise can lead to the quashing of criminal proceedings....
The power of quashing criminal proceedings in cases of settlement between the parties depends on the nature and gravity of the crime, societal interest, and the possibility of conviction.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
