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SANJAY KUMAR DWIVEDI
Md. Shamin Khan @ Shamim Khan – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
Heard Mr. K.S. Nanda, learned counsel appearing for the petitioners, Mr. Shiv Shankar Kumar, learned A.P.P. for the State and Mr. Soumitra Baroi, learned counsel appearing for the O.P. No. 2.
2. This criminal miscellaneous petition has been filed for quashing of the entire criminal proceeding as well as the order dated 18.05.2012, by which, cognizance for the offence under Section 498A of the Indian Penal Code has been taken against the petitioners, in connection with Complaint Case No. 914 of 2011, pending in the court of learned Judicial Magistrate, Ranchi.
3. Mr. Nanda, learned counsel appearing for the petitioners submits that the matter is arising out of matrimonial dispute and good sense has prevailed between the parties and both the parties have reached to a compromise and to that effect, I.A. No. 2275 of 2023 has been filed. He submits that it has been agreed that a sum of Rs. 6,00,000/- shall be paid at the time of quashing of the complaint to the O.P. No. 2 by petitioner No. 1 and O.P. No. 2 has no objection in disposal of the said complaint case. It has also been disclosed that the status of O.P. No. 2 as wife of the petitioner No. 1 shall be maintained.
4. Mr. Ba
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 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 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 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 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 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....
In cases of compromise between parties and absence of societal interest, criminal proceedings can be quashed.
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