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SHREE CHANDRASHEKHAR
Rajesh Ranjan, s/o Prakash Thakur – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
O.P No. 2 is wife of the petitioner. Prakash Thakur is her father-in-law who died during pendency of this case and vide order dated 10th June 2022 present criminal revision petition qua Prakash Thakur was dismissed as not pressed.
2. On the basis of a First Information Report lodged by her on 18th July 2011 making an allegation against the accused persons of demanding Rs.50,000/-and a motorcycle, the investigation in the case was conducted. The accused persons faced the trial on the charge under section 498A of the Indian Penal Code and sections 3 and 4 of the Dowry Prohibition Act. During the trial, the prosecution examined seven witnesses to prove the aforesaid charges against the accused persons, who also tendered defence evidence by producing three witnesses. By judgment dated 7th August 2013 in T.R No. 259 of 2013 arising out of G.R No. 2256 of 2011 corresponding to Dhanbad PS Case No. 562 of 2011, the petitioner was convicted and sentenced to RI for 3 years and fine of Rs.10,000/- under section 498A of the Indian Penal Code with a default stipulation to undergo SI for 6 months.
3. The Judgment in T.R No. 259 of 2013 came to be challenged by the petitioner and his f
The central legal point established in the judgment is the wide plenitude of the High Court's inherent power to quash criminal proceedings in cases of settlement, especially in offenses with a predom....
The court can quash criminal proceedings under inherent jurisdiction when parties mutually settle disputes, including divorce and alimony agreements.
The court has the power to quash criminal proceedings in matrimonial disputes where the parties are willing to settle amicably, in line with the duty to encourage genuine settlements of such disputes....
Point of law: Demand of Dowry – Acquittal - Procedure has been described to be a handmaid and not a mistress of law, intended to subserve and facilitate the cause of justice and not to govern or obst....
The High Court has the power to quash criminal proceedings in a case where the accused and the victim have settled the dispute, but this power should be exercised cautiously and only in cases where t....
Compromise between parties in marital disputes can result in quashing of criminal proceedings, emphasizing the need to avoid abuse of the judicial process.
Compounding of noncompoundable offences can be allowed to maintain peace and harmony between the parties, as per the ruling of Gian Singh v. State of Punjab and another, (2013) 1 SCC(Cri) 160.
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