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THE HIGH COURT OF SIKKIM : GANGTOK
MEENAKSHI MADAN RAI
Deewas Rai – Appellant
Versus
State of Sikkim – Respondent
| Table of Content |
|---|
| 1. matrimonial dispute resolution and intent to reconcile. (Para 1 , 2) |
| 2. opposition to quashing non-compoundable criminal offences. (Para 3) |
| 3. high court's inherent power to quash for justice. (Para 4 , 5) |
| 4. final judicial order for quashing criminal proceedings. (Para 6 , 7 , 8) |
JUDGMENT (ORAL)
Meenakshi Madan Rai, J.
1. The Petitioners have filed an application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter, the “BNSS”), seeking quashing of the FIR bearing No.38 of 2024, dated 02-04-2024, registered at the Sadar Police Station, Gangtok, against the Petitioner No.1, under Sections 498A/324/506 of the Indian Penal Code, 1860 (hereinafter, the “IPC”) and the consequential proceedings in G.R. Case No.217 of 2024 ( State of Sikkim vs. Deewas Rai ) pending before the Court of the Chief Judicial Magistrate, Gangtok, Sikkim.
2. It is submitted by Learned Counsel for both the Petitioners that the FIR was lodged by Petitioner No.2 stating that on 26-03-2024 her husband Petitioner No.1 had assaulted her with fist blows and a Coffee Maker and threatened to kill her by hanging her to death. She had also alleged that she had been continuously beaten
The High Court has inherent jurisdiction to quash non-compoundable criminal proceedings stemming from matrimonial disputes when parties have voluntarily settled, aiming to prevent abuse of process an....
The High Court may exercise its inherent powers to quash criminal proceedings for non-compoundable offences if the dispute is private, the parties have amicably settled the matter, and the court dete....
The High Court possesses inherent power to quash criminal proceedings, including non-compoundable offences, to secure the ends of justice and prevent abuse of process, particularly when parties to a ....
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