ALOK KUMAR VERMA
Arif – Appellant
Versus
State of Uttarakhand – Respondent
JUDGMENT
Alok Kumar Verma, J. - The applicants-accused persons have invoked the jurisdiction of this Court under Section 482 of the Code of Criminal Procedure, 1973 to quash the entire proceedings of Criminal Case No.550 of 2020, 'State vs. Arif & Others', pending before the Court of Judicial Magistrate, Jaspur, District Udham Singh Nagar.
2. After completion of the investigation, charge sheet was filed. Learned Trial Court took the cognizance and passed the summoning order against the applicants-accused persons for the offence punishable under Sections 498A, 504 & 506 of Indian Penal Code.
3. Heard Mr. Abhishek Verma, learned counsel for the applicants, Mr. T.C. Agarwal, learned Deputy Advocate General assisted by Mr. Tumul K. Nainwal, learned Brief Holder for the State and Ms. Ashwarya Thapliyal, Advocate holding brief of Mr. Mehboob Rahi, learned counsel for the respondent no.2/Victim/Informant.
4. The applicants - accused persons, namely, the applicant no.1-Arif (husband of the respondent no.2), the applicant no.2-Abrar Hussain and the applicant no.3-Noor Hasan alias Noor Ahamad (relatives of the applicant no.1) are present in-person before the Court and they are identified by Mr.
The resolution of matrimonial disputes and mutual compounding application can be considered as grounds for quashing criminal proceedings under Section 482 of the Code of Criminal Procedure, 1973.
Quashing of criminal proceedings in cases of resolved matrimonial disputes and mutual consent.
Private disputes resolution and filing of Compounding Application can be considered for quashing criminal proceedings under Section 482 of the Code of Criminal Procedure.
The court can exercise its inherent jurisdiction to quash criminal proceedings if the parties have resolved their disputes and filed a joint Compounding Application, serving the ends of justice.
The settlement between the parties and the joint Compounding Application can be considered for quashing criminal proceedings under Section 482 of the Code of Criminal Procedure.
The inherent jurisdiction under Section 482 of the Code of Criminal Procedure can be exercised to quash criminal proceedings when private disputes are resolved and parties express their desire to not....
The court established that mutual settlement between parties can justify the quashing of criminal proceedings under Section 482 of the CrPC, emphasizing the principle of substantial justice.
Quashing of criminal proceedings under Section 482 CrPC is not warranted when allegations disclose cognizable offences and must be adjudicated at trial.
The main legal point established in the judgment is that in cases of matrimonial disputes and compromises between the parties, the court may quash the criminal proceeding if the possibility of convic....
The court can quash non-compoundable offences under Section 498-A IPC if a genuine compromise exists, emphasizing the need to prevent abuse of the legal process.
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