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SANJAY KUMAR DWIVEDI
Dhano Devi, W/o. Late Raju Ghashi – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
This petition has been filed for quashing the entire criminal proceeding including the order taking cognizance dated 10.11.2014 passed by the learned Judicial Magistrate, Hazaribag in connection with Patratu (Barkakana) P.S. Case No.230 of 2014, dated 21.09.2014, G.R. No.3862 of 2014, T.R. No.3212 of 2015, registered under Section 498A of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act, pending in the court of the learned Judicial Magistrate, 1st Class, Hazaribag.
2. A complaint case bearing Complaint Petition No.1070 of 2014 was filed by opposite party no.2 alleging therein that her marriage was solemnized with Anil Nayak on 19.11.2013 according to Hindu rites and custom at Rajrappa Temple. At the time of marriage, the mother of the complainant according to her capacity paid Rs.1 Lakh in cash and utensils and jewellery amounting to Rs.1,50,000/-. After marriage, the complainant went to her matrimonial home and remained there for one week thereafter her husband Anil Nayak after drinking wine along with these petitioners and assaulted the complainant and demanded additional dowry of Rs.2 Lakhs which was conveyed by the complainant to her mother and brothe
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.
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 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 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 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....
Point of Law : While deciding whether to exercise its power under Section 482 of Code or not, timings of settlement play a crucial role. Those cases where settlement is arrived at immediately after a....
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 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 ....
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