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NAVNEET KUMAR
Sikandar Ali – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
Learned counsel Mr. Rakesh Kumar Sinha is present on behalf of the appellants and learned APP appearing for the State Mr. Bishambhar Shastri is present on behalf of the State. Today also nobody appears on behalf of the O.P. No.2.
2. Heard the parties.
3. Learned counsel appearing on behalf of the petitioner submitted that this Cr.M.P. has been filed to quash the order dated 06.09.2012 passed by the learned Civil Judge (Sr. Div.) No. 1 cum Additional Chief Judicial Magistrate, Koderma, in Complaint Case No. 522/2012 by which, the cognizance for the offences under Sections 498-A, 379 and 504 of IPC and under Section 4 of the Dowry Prohibition Act has been taken against all the accused persons/ petitioners and further prayer to set-aside the entire criminal proceeding arising out of the aforesaid complaint case No. 522 of 2012.
4. It has further been pointed out by the learned counsel appearing on behalf of the petitioners, inter alia, that it is a matrimonial dispute between the husband and the wife for causing cruelty and torture for want of fulfillment of demand of dowry, for which, a complaint case was filed by the opposite party No.2 Najra Khatoon vide complaint case No.52
The duty of the courts to encourage genuine settlements of matrimonial disputes and the applicability of Section 320 of the Code of Criminal Procedure in allowing the quashing of criminal proceedings....
The High Court can quash non-compoundable offences in matrimonial disputes if the parties have settled amicably, emphasizing the importance of encouraging genuine settlements.
Compromise between parties in marital disputes can result in quashing of criminal proceedings, emphasizing the need to avoid abuse of the judicial process.
Matrimonial disputes should be settled amicably, minimizing unnecessary criminal prosecution against family members without specific allegations.
The High Court can quash criminal proceedings in matrimonial disputes if the parties have divorced and the informant does not wish to proceed, to prevent abuse of process and serve the ends of justic....
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