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SANJAY KUMAR DWIVEDI
Sanjay Kumar Chourasia – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
SANJAY KUMAR DWIVEDI, J.
1. Heard Mr. S. Bhowmik, learned counsel for the petitioner, Mr. Deepankar Roy, learned counsel for the State and Mr. Swapan Maji, learned counsel for the O.P. No. 2.
2. This petition has been filed for quashing of entire criminal proceeding in connection with Giddi P.S. Case No. 70 of 2004, corresponding to G.R. No. 3062 of 2004. Further prayer has been made for quashing of orders dated 09.11.2009, 02.06.2010 and 24.07.2013. Prayer has also been made to quash orders dated 12.11.2013 and 26.06.2014 whereby processes under sections 82 and 83 Cr.P.C. have been issued against the petitioner.
3. Learned counsel appearing for the petitioner submits that the matter is arising out of matrimonial dispute. He submits that the O.P. No. 2 is wife of petitioner no. 1. He submits that the matter was sent to the JHALSA for mediation wherein the dispute has been settled. Mediation report is annexed as Annedure-4 to the main petition. He submits that on that basis a compromise petition has also been filed before the learned court. He submits that I.A. No. 574 of 2016 has been filed seeking permission to compromise the case. The said I.A. is supported with affidavit
In cases of matrimonial disputes with a compromise between the parties and no societal interest, the criminal proceedings can be quashed based on 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 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 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 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 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 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 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 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....
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