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IN THE HIGH COURT OF ORISSA AT CUTTACK
V.NARASINGH
Anupam Behera – Appellant
Versus
State of Odisha – Respondent
| Table of Content |
|---|
| 1. jurisdiction invoked for quashing cognizance. (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. matrimonial dispute led to resolution. (Para 7 , 9) |
| 3. caution in quashing non-compoundable offences. (Para 10 , 11 , 12 , 13) |
| 4. proceedings deemed futile; justice served by quashing. (Para 14) |
| 5. final order to quash and dispose of crlmc. (Para 15 , 16 , 17 , 18) |
JUDGMENT :
V. Narasingh, J.
1. Heard learned counsel for the Petitioners and learned counsel for the State.
2. The CRLMC has been filed for quashing of annexure dated 16.07.2015 in C.T. No.4999 of 2013 by the learned SDJM, Bhubaneswar under section-498(A)/323/307/294, inter alia, on the ground of compromise.
3. The inherent jurisdiction of this Court under section-482 Cr.P.C. is invoked by the Petitioners for quashing the order of cognizance order dated 16.07.2015 passed by the learned SDJM, Bhubaneswar in C.T. Case No.4999 of 2013, under Sections-498(A)/323/307/294/406/506/34 of IPC .
4. It is apt to note here that Bhubaneswar UPD Mahila P.S. Case No.342 of 2013 was instituted at the behest of opposite Party No.2 against the present Petitioners and was registered under Sections- 498(A)/323/294/307/354/506/34 of IPC .
5. The Petitione
Courts can quash proceedings for non-compoundable offenses, like Section 307 IPC, if the dispute arises from matrimonial relations and is resolved amicably, without serious societal impact.
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 quash non-compoundable matrimonial offense proceedings if the parties have amicably settled their disputes, emphasizing the use of inherent powers to secure justice.
The High Court can quash non-compoundable offences in matrimonial disputes if the parties have settled amicably, emphasizing the importance of encouraging genuine settlements.
The High Court can quash non-compoundable offences in matrimonial disputes if a compromise indicates a remote possibility of conviction, preventing abuse of process.
The court has the power to quash criminal proceedings in cases involving compromise between the parties, considering the nature and gravity of the crime, societal impact, and the fairness of continui....
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....
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