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IN THE HIGH COURT OF ORISSA AT CUTTACK
V.NARASINGH
Dambarudhar Barik @ Litu Barik – Appellant
Versus
State of Odisha – Respondent
| Table of Content |
|---|
| 1. context of ongoing matrimonial relationship. (Para 1 , 8 , 9) |
| 2. grounds for quashing based on marriage. (Para 2 , 6 , 10) |
| 3. criteria for quashing non-compoundable offences. (Para 3 , 4 , 11) |
| 4. importance of judicial discretion in quashing. (Para 5 , 7 , 13) |
| 5. final order and implications of quashing. (Para 12 , 15 , 16) |
JUDGMENT :
1. Heard learned counsel for the Petitioner, learned counsel for the State and learned counsel for the informant.
3. The power of this Court under Section 482 of Cr.P.C. to quash the criminal proceeding in cases which are not compoundable arose for consideration and set at rest by the Larger Bench of the Apex Court in the case of State of Madhya Pradesh v. Laxmi Narayan and others reported in (2019) 5 SCC 688.
“15. Considering the law on the point and the other decisions of this Court on the point, referred to hereinabove, it is observed and held as under:
15.2. Such power is not to be exercised in those prosecutions which involved heinous and serious offences of mental depravity or offences like murder, rape, dacoity, etc. Such offences are not private in nature and have a serious impact on society;
15.4. Offences under Section 307 IPC an
The court may quash criminal proceedings under Section 482 of Cr.P.C. if the victim expresses no objection and the parties have resolved their disputes, considering the nature of the offences and soc....
The High Court can exercise its inherent powers under Section 482 Cr.P.C. to quash criminal proceedings for non-compoundable offences if the parties have settled their disputes amicably and continuat....
The power to quash criminal proceedings should be sparingly exercised, especially in cases involving heinous and serious offences with a societal impact. The ends of justice and prevention of abuse o....
The main legal principle established in the judgment is the significance of genuine settlements in matrimonial disputes and the exercise of the power of quashing criminal proceedings in appropriate c....
The main legal point established in the judgment is the court's authority to quash criminal proceedings and FIR under Section 482 of the Code of Criminal Procedure, especially when the parties have a....
Point of Law : POCSO Act – Compromise – Quash of criminal proceedings.
The High Court can quash criminal proceedings in matrimonial disputes if the parties have divorced and the informant does not wish to proceed, to prevent abuse of process and serve the ends of justic....
The settlement between the parties and mutual divorce under Section 13-B of the Hindu Marriage Act, 1955, can justify the quashing of criminal proceedings under Section 482 of the Code, especially in....
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