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IN THE HIGH COURT OF ORISSA AT CUTTACK
SAVITRI RATHO
Sandesh K. Srinivas – Appellant
Versus
State of Odisha – Respondent
| Table of Content |
|---|
| 1. marriage and subsequent criminal allegations. (Para 1 , 2 , 3) |
| 2. arguments for quashing based on divorce. (Para 4 , 5 , 6 , 7) |
| 3. judicial precedents on quashing matrimonial disputes. (Para 8 , 9 , 10 , 11) |
| 4. inherent powers of the high court in quashing. (Para 12 , 13) |
| 5. conclusion on quashing gr proceedings. (Para 14 , 15 , 16) |
JUDGMENT :
Savitri Ratho, J.
This CRLMC has been filed for quashing the order dated 21.04.2018 taking cognizance of offences under Sections 341 , 498-A, 323, 294, 307 and 506 of the Indian Penal Code (in short, ‘ IPC ’) against the Petitioner as well as for quashing the entire proceedings in connection with Markatnagar P.S. Case No.28 of 2018, corresponding to G.R. Case No.299 of 2018 which is now pending in the Court of the learned JMFC-1 (Cog. Taking), Cuttack.
BRIEF FACT OF THE CASE
2. The marriage of the Petitioner and Opposite Party No.2 was solemnized on 18.11.2016 as per Hindu rites and customs in Mukambika Temple, Kullur Mangalore. It was subsequently registered before the Marriage Office, Puttur, Karnataka. On 16.02.2018, the Opposite Party No.2 lodged an FIR before the Markatnagar Police Station against the Petitioner and Markatnaga
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 court emphasized the power to quash FIRs in matrimonial disputes when parties reach an amicable settlement, prioritizing justice and resolution over prosecution.
Matrimonial disputes can be quashed under Section 482 of the Cr.P.C if amicably resolved, even if involving non-compoundable offences, prioritizing genuine settlements to secure justice.
The court may quash non-compoundable criminal proceedings arising from matrimonial disputes if the parties have reached an amicable settlement.
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....
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