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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
Hon'ble Sanjay Kumar Pachori,J.
Raghvendra Singh – Appellant
Versus
State of U.P. – Respondent
JUDGMENT :
SANJAY KUMAR PACHORI, J.
1. The present application under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as “ BNS S ”) has been filed for quashing the entire proceedings of Criminal Case No. 5371 of 2024 (State vs. Raghvendra Singh), arising out of Case Crime No. 145 of 2024, under Sections 115 (2), 351 (3), 352, 110, 117(2) of Bharatiya Nyay Sanhita ( BNS ) (equivalent to Sections 323 , 506, 504, 308, 325 of IPC ), P.S. Civil Lines, District Etawah as well as cognizance/summoning order dated 22.10.2024, pending in the court of Chief Judicial Magistrate, Etawah.
2. Brief facts of the case are that the FIR dated 05.07.2024 has been lodged against the applicant and two other unknown persons alleging that marriage of first informant was solemnized with the present applicant on 11.03.2018 but due to some matrimonial disputes first informant is residing in her parental house. On 04.07.2024 she had gone to the civil court for doing pairavi in a case related to the maintenance and domestic violence, at the same time the present applicant threatened the first informant to withdraw all the cases. At about 2.00 P.M. on the same day the applicant and
The High Court's inherent powers to quash proceedings must be exercised cautiously, allowing investigations to proceed unless allegations are absurd or do not constitute an offence.
Point of law : Needless to point out that if the law provides a particular remedy to an accused, then it is always open for him to exhaust the same while approaching the concerned Court while filing ....
Point of law : Powers possessed by the High Court under Section 482 of the Code are very wide and the very plenitude of the power requires great caution in its exercise. Court must be careful to see ....
The court's decision was based on the exercise of inherent powers under Section 482 of the Code of Criminal Procedure, considering the nature and gravity of the offences, the settlement between the p....
The court can quash non-compoundable offences if the parties have amicably settled their disputes, ensuring justice is served.
Inherent powers under Section 482 of CrPC should be exercised sparingly to prevent misuse of criminal law, quashing only when FIR doesn't disclose an offence.
Inherent powers under section 482 of Code can be used to prevent abuse of process of law and to secure ends of justice.#12;
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