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IN THE HIGH COURT OF ORISSA AT CUTTACK
CHITTARANJAN DASH
D.Rama Rao – Appellant
Versus
State of Odisha – Respondent
| Table of Content |
|---|
| 1. allegations of dowry demand and cruelty (Para 2 , 3 , 4) |
| 2. defense arguments against prosecution (Para 5 , 6) |
| 3. court analysis on jurisdiction and offenses (Para 7 , 8 , 9) |
| 4. dismissal of the application (Para 10) |
JUDGMENT :
Chittaranjan Dash, J.
1. Heard learned counsel for the parties.
2. By means of this application, the Petitioner seeks to challenge the order of cognizance dated 3rd March, 2016 passed by the learned S.D.J.M., Parlakhemundi in G.R. Case No.391 of 2014 for the offences under Sections 498 -A/323/506/406/34 IPC read with Section 4 of the D.P. Act.
3. The background facts of the case are that Smt. Patrakanda Bijaylaxmi, W/o. Patrakanda Ram Prakash of village Kamarda under P.S. Seranga in the district of Gajapati lodged a written report before the IIC, Kasinagar to the effect that he got married to P. Ram Prakash of Kasinagar on 22nd March, 2006 according to Hindu Rites and Customs. Prior to her marriage her husband T. Ram Prakash along with his relatives including the Petitioner, the maternal uncle came to the house of the informant and demanded dowry and the same was upon negotiation was finalized.
However, it is alleged in the report that the parent
The inherent power to quash criminal proceedings cannot be exercised for serious offences against society, such as dowry harassment, even if the parties reach a settlement.
The court may quash proceedings for non-compoundable offences based on a compromise if the offences do not significantly impact society.
The main legal point established in the judgment is that heinous and serious offences, such as those under Sections 498A and 304B of the Indian Penal Code, should not be quashed based on a settlement....
The court emphasized the need to evaluate the nature and gravity of the offences, the impact on society, and the possibility of conviction when exercising the inherent power under Section 482 of the ....
The court may quash non-compoundable criminal proceedings arising from matrimonial disputes if the parties have reached an amicable settlement.
Point of Law : No doubt, while exercising power under Section 482 Cr.P.C, for quashing of FIR, Court is also required to take into consideration interest of society at large, but in the present case,....
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