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SANJAY KUMAR DWIVEDI
Anil Kumar – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
1. Heard Mr. Rohan Mazumdar, learned counsel for the petitioners, Mr. Rakesh Ranjan, learned counsel for the State and Mrs. Chailtali C. Sinha, learned counsel for the O.P. No. 2.
2. This criminal miscellaneous petition has been filed for quashing of entire criminal proceeding including order taking cognizance dated 04.03.2017 passed in connection with C/1-1299/2016, pending in the Court of learned Judicial Magistrate, Ist Class, Jamshedpur.
3. Mr. Rohan Mazumdar, learned counsel appearing for the petitioners submits that the present case is arising out of matrimonial dispute lodged under section 498A I.P.C. and 3/4 of Dowry Prohibition Act along with other sections of I.P.C. He submits that O.P. No. 2 is the wife of petitioner no. 1. He submits that this Court by order dated 13.09.2022 referred the matter before the Member Secretary, JHALSA and pursuant to that the dispute has been settled between the parties and mediation report is on record.
4. Mrs. Chaitali C. Sinha, learned counsel appearing for the O.P. No. 2 accepts the submission of learned counsel for the petitioners and submits that O.P. No. 2 has received Rs. 30 lakhs paid by the petitioner and they have decided
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 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 ....
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 in matrimonial disputes, where no societal interest is involved, the court may quash the criminal proceeding, consideri....
In cases of compromise between parties and absence of societal interest, criminal proceedings can be quashed.
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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