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SHAMIM AHMED
Madhu Tiwari – Appellant
Versus
State Of U. P. Thru. Secy. Home Deptt. Lko. – Respondent
JUDGMENT :
Hon'ble Shamim Ahmed, J.
1. Heard Sri Alok Saran as well as Sri Himanshu Suryavanshi, learned counsel for the Mitali Tiwari and Sri Nadeem Murtaza, learned counsel for the Himanshu Tiwari and Madhu Tiwari.
2. Since all the three cases are counter blast cases filed by the parties against each other, therefore, all the cases are being decided with the common judgment and Application under Section 4095 of 2023 is being treated as leading case.
(II) Application under
The court established that the inherent powers under Section 482 Cr.P.C. can be exercised to quash criminal proceedings in cases of mutual consent, and that the statutory waiting period for divorce u....
The court may quash non-compoundable criminal proceedings arising from matrimonial disputes if the parties have reached an amicable settlement.
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 High Court can quash non-compoundable offences in matrimonial disputes if the parties have mutually settled their issues, ensuring justice and preventing abuse of the court process.
The court emphasized the power to quash FIRs in matrimonial disputes when parties reach an amicable settlement, prioritizing justice and resolution over prosecution.
The court emphasized the necessity to quash criminal proceedings when allegations do not constitute an offence, especially in matrimonial disputes resolved amicably with mutual consent and alimony.
The court held that in matrimonial disputes where parties have reached an amicable settlement, continuation of criminal proceedings is an abuse of process and not in the interest of justice.
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