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MANJU RANI CHAUHAN
Rajiv Kumar – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
1. Mr. Chandra Bhan Dubey, learned for the opposite party no.2 has not appeared even in the revised call.
2. Heard Mr. Sachin Kanaujiya, learned counsel for the applicant, Mr. Amit Singh Chauhan, learned AGA for the State and perused the records.
3. This application under Section 482 Cr.P.C. has been filed to quash the charge sheet dated 25.06.2015 and the cognizance order dated 30.07.2015 as well as the entire proceedings of Criminal Case No. 36 of 2015 (State Vs. Rajiv Kumar), arising out of Case Crime No.118 of 2015, under Sections 363, 366 and 376 I.P.C. and Section 3/4 of POCSO Act, P.S. Doghat, District-Baghpat, Additional District and Sessions Judge, Baghpat.
4. On 13.09.2022, the following order was passed:-
Learned counsel for the applicant submits that the applicant has married opposite party no.3 and they are living a happy married life.
An FIR has been lodged by opposite party no.2 (maternal uncle of opposite party no.3) who is trying to ruin the married life of the parties by not appearing before the Court. In such a situation and in view of various judgments of the
The central legal point established in the judgment is that the power of the High Court under Section 482 Cr.P.C. to quash criminal proceedings is not inhibited by the provisions of Section 320 Cr.P.....
Inherent powers under Section 482 Cr.P.C. can quash proceedings based on valid compromise, provided it serves justice and prevents abuse of process, especially for non-heinous offences.
The court may quash non-compoundable criminal proceedings arising from matrimonial disputes if the parties have reached an amicable settlement.
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 central legal point established in the judgment is that in cases of family disputes where the wrong is private or personal in nature and the parties have resolved their entire dispute, the High C....
The central legal point established in the judgment is that in matrimonial disputes, where the parties have resolved their entire dispute through compromise, the court can quash the criminal proceedi....
Point of Law : No useful purpose shall be served by prolonging the proceedings of above mentioned case.
The High Court can quash criminal proceedings based on compromise, even if the offence is non-compoundable, in accordance with the settled propositions by the Hon'ble Apex Court.
The court can quash criminal proceedings in matrimonial disputes when the parties have resolved their entire dispute through compromise, considering the nature and gravity of the crime and its impact....
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