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K. J. THAKER, GAUTAM CHOWDHARY
Iqbal – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
By the Court.-Heard learned counsel for the petitioners, learned A.G.A. and Sri Ajay Kumar Maurya, learned counsel, who has put in appearance on behalf of the respondent No. 3.
2. By way of this petition, the accused-petitioners prays for quashment of the impugned First Information Report dated 21.4.2022 registered in Case Crime No. 93 of 2022 under Sections 376, 354, 323, 504, 506 I.P.C. and Section 3/4 of Dowry Prohibition Act, Police Station Mainather, District Moradabad and also for staying his arrest in respect of the aforesaid First Information Report.
3. Learned counsel for the petitioners as well as learned counsel for the respondent No. 3 have jointly submitted that the matrimonial discord between the parties have been amicably settled and that the respondent No. 3 does not to proceed with the matter. In this regard, short counter-affidavit has also been filed by the respondent No. 3 and thus the impugned F.I.R. may be quashed.
4. Marital dispute has been culminated into lodgement of the impugned F.I.R. dated 21.4.2022 registered in aforesaid case crime. The petitioners are alleged to have committed the offence under Sections 376, 354, 323, 504, 506 I.P.C, out of th
Point of Law : The statute saves the inherent power of the High Court, as a superior court, to make such orders as are necessary (i) to prevent an abuse of the process of any Court; or (ii) otherwise....
Cruelty - Quash of FIR - While exercising power under Section 482 of Code to quash criminal proceedings in respect of non-compoundable offences, which are private in nature and do not have a serious ....
Dispute is a private and personal affair. The injury sustained does not involve any mental depravity nor amounts to a heinous crime
Inherent powers under Section 482 of the CrPC may quash FIRs in matrimonial disputes when mutual consent is present, despite non-compoundable offences, to prevent injustice.
Category of offence – Offences under Section 307 IPC and the Arms Act etc. would fall in the category of heinous and serious offences and therefore are to be treated as crime against the society and ....
The main legal point established in the judgment is the court's exercise of inherent power under Section 482 of the Code of Criminal Procedure to quash the FIR and proceedings based on an amicable se....
Quashing of Criminal proceedings- Conferred under Section 482 of the Code to quash the criminal proceedings for the non-compoundable offences under Section 320 of the Code can be exercised having ove....
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