Back
IN THE HIGH COURT OF ORISSA AT CUTTACK
R.K.PATTANAIK
Jayanta Kumar Dash @ Litu – Appellant
Versus
State of Orissa – Respondent
| Table of Content |
|---|
| 1. challenge to criminal proceedings based on fir. (Para 1 , 2) |
| 2. court's observations on jurisdiction under section 482 cr.p.c. (Para 3 , 7 , 11) |
| 3. arguments for quashing based on marriage post-fir. (Para 4 , 5 , 8) |
| 4. arguments against quashing due to seriousness of offences. (Para 6 , 9 , 10) |
| 5. order to quash proceedings for stability in marriage. (Para 12 , 13) |
JUDGMENT :
1. Instant petition under Section 482 Cr.P.C. is at the behest of the petitioner challenging the criminal proceeding in connection with CT(S) No.94 of 2018 and its continuance before the court of learned Sessions Judge, Dhenkanal on the grounds inter alia that the FIR and other materials on record do not make out a prima facie case against him and particularly with respect to an offence punishable under Section 376 (2)(n) IPC for which he has been charged with besides Section 328 and 506 and Sections 66 -E and 67-A IT Act 2000 which is, therefore, to be quashed in exercise of the Court’s inherent jurisdiction.
3. Heard Mr. Panda, learned counsel for the petitioner, Mr. Mohapatra, learned counsel for the State besides Mr. Behera, learned counsel for the party No.2.
5. Mr. Panda, learned counsel for
Inherent powers under Section 482 Cr.P.C. may be exercised to quash criminal proceedings if extraordinary circumstances arise, such as marriage between accused and victim, even in serious non-compoun....
The court's decision was based on the exercise of inherent powers under Section 482 of the Code of Criminal Procedure, considering the nature and gravity of the offences, the settlement between the p....
Quashing of criminal proceedings under Section 482 CrPC is not warranted when allegations disclose cognizable offences and must be adjudicated at trial.
The inherent powers of the court can quash criminal proceedings when the victim expresses no desire to proceed, especially following reconciliation and marriage, despite serious charges under IPC.
The court affirmed that inherent powers under Section 482 of the Code of Criminal Procedure can be exercised to quash non-compoundable criminal proceedings based on a settlement between the parties, ....
The High Court can quash FIRs for non-compoundable offences if parties amicably settle disputes, balancing justice with public interest.
Inherent powers under section 482 of Code can be used to prevent abuse of process of law and to secure ends of justice.#12;
The main legal point established is that the inherent power of the High Court to quash criminal proceedings should be exercised to secure the ends of justice and prevent abuse of the process of law, ....
The High Court can quash non-compoundable offences under Section 482 when the parties amicably settle their dispute and continuation of proceedings would cause extreme injustice.
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....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
