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SUMEET GOEL
Surjit Singh – Appellant
Versus
U. T. Chandigarh – Respondent
JUDGMENT :
Sumeet Goel, J.
1. The present petition has been filed under Section 482 of Code of Criminal Procedure, 1973 by the petitioners for quashing of FIR No. 205 dated 14.10.2013 (Annexure P-1) registered for the offences punishable under Sections 406 and 498-A of IPC at Police Station Sector 19, Chandigarh, which was got lodged by respondent No. 2 (herein)-wife as also all subsequent proceedings emanating therefrom on the basis of compromise/statement dated 16.04.2015 (Annexure P-2) made before the learned trial Court. The allegations in the FIR primarily relate to the allegations of harassment on account of dowry and Istridhan related criminal breach of trust.
The relevant part of compromise/statement dated 16.04.2015 made before the learned trial Court (copy whereof has been appended as Annexure P-2) reads as under:
The court established that FIRs arising from matrimonial disputes can be quashed if the complainant has benefited from a settlement and is using the legal process to harass the accused.
The main legal point established in the judgment is the wide and unfettered inherent powers of the High Court under Section 482 of the Code of Criminal Procedure to quash criminal proceedings based o....
The Court can invoke inherent powers under Section 482 CrPC to quash proceedings based on a genuine and voluntary compromise, considering the nature of the offence, societal impact, and the ends of j....
Point of Law : Criminal proceedings or FIR - Quashed - Offence of Rape - Interest of justice would be met, in case, proceedings are quashed, as the parties have already compromised matter.
Point of Law - Section 482 preserves the inherent powers of the High Court to prevent an abuse of the process of any court or to secure the ends of justice.
In the exercise of power under Section 482 and while dealing with a plea that the dispute has been settled, the High Court must have due regard to nature and gravity of offence. Heinous and serious o....
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