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SANJAY KUMAR DWIVEDI
Prerna – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
Heard Mr. Abhishek Singh, learned counsel for the petitioners, Mr.Fahad Allam, learned counsel for the State and Mr. Akhouri Awinash Kumar, learned counsel for the O.P. No. 3.
2. This criminal miscellaneous petition has been filed for quashing of entire criminal proceeding in connection with Ranchi (Sadar) P.S. Case No. 300 of 2011, corresponding to G.R. No. 6341 of 2011, pending in the Court of learned A.C.J.M., Ranchi. Orders dated 19.12.2012 and 05.12.2014 are also under challenge.
3. Learned counsel appearing for the petitioners submits that petitioner no.1 herein is the wife of O.P. No. 3. He further submits that there is matrimonial dispute between the parties and petitioner no.1 has filed case under section 498 A I.P.C. which was challenged before this court and considering that compromise has taken place the said case was quashed by this Court. He submits that in the first appeal arising out of divorce case a petition filed on behalf of husband, compromise has taken place between the parties and both parties have agreed that cases filed by them shall be withdrawn by them. He submits that I.A. No. 2041 of 2023 has been filed seeking permission to compromise the case.
In cases of compromise between parties and absence of societal interest, criminal proceedings can be quashed.
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 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 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 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 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 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....
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 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 court can quash criminal proceedings based on a compromise between the parties and the absence of societal interest, as guided by the judgments of Narinder Singh & Ors. and Gian Singh.
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