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ANIL KUMAR CHOUDHARY
Doman Sahu S/o Late Sharu Sahu – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
By the Court:-
1. Heard the parties.
2. This criminal miscellaneous petition has been filed invoking the jurisdiction of this Court under Section 482 Cr.P.C. with a prayer for quashing the entire criminal proceeding arising out of Complaint Case No. 14 of 2019 and the order dated 06.07.2019 passed by the learned Chief Judicial Magistrate, Khunti in Complaint Case No. 14 of 2019 by which the learned Chief Judicial Magistrate has found prima facie case against the petitioners for the offence punishable under Sections 498A, 323 and 34 of Indian Penal Code as well as under Section 3/4 of Dowry Prohibition Act.
3. Learned counsel for the petitioners and the learned counsel for the opposite party no.2 jointly draw attention of this Court to Interlocutory Application No. 2982 of 2023 which is supported by separate affidavits of the petitioner nos.1 and 3 and opposite party no.2.
4. It is jointly submitted by the learned counsel for the petitioners and the learned counsel for the opposite party no.2 that Complaint Case No.14 of 2019 arose out of matrimonial dispute between the parties and drawing attention of this Court to page no.10 of the said Interlocutory Application No. 2982 of
The main legal point established in the judgment is that in cases of matrimonial disputes and compromises between the parties, the court may quash the criminal proceeding if the possibility of convic....
In matrimonial disputes with a civil flavor, the High Court may quash criminal proceedings if a full settlement exists, preventing abuse of process and securing the ends of justice.
The central legal point established in the judgment is that the power to quash a criminal proceeding should be exercised to prevent abuse of the process of the court and to secure the ends of justice....
The High Court can quash criminal proceedings under Section 482 of the Code of Criminal Procedure if a complete settlement exists between parties and the possibility of conviction is deemed remote.
In cases of matrimonial disputes with predominantly civil flavor, the High Court may quash criminal proceedings if the possibility of conviction is remote and bleak due to a settlement between the of....
The central legal point established in the judgment is that the power of the High Court to quash a criminal proceeding under Section 482 of the Code of Criminal Procedure should be exercised to secur....
The court's decision was influenced by the principles that the High Court should be guided by in giving adequate treatment to the settlement between the parties and exercising its power under Section....
The central legal point established in the judgment is that the power to quash criminal proceedings under Section 482 should be exercised to prevent abuse of process of law and to secure the ends of ....
The High Court may quash criminal proceedings in private disputes, particularly matrimonial ones, if a full settlement is reached and continuation would cause injustice.
The High Court can quash criminal proceedings if the parties have settled their dispute, and continuation would be an abuse of process, particularly in non-heinous cases.
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