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SHARAD KUMAR SHARMA
Salman – Appellant
Versus
State of Uttarakhand – Respondent
JUDGMENT :
Sharad Kumar Sharma, J.
Normally, the 482 CrPC jurisdiction so far it relates to the compounding of the offences, which are private in nature, and emanating from the matrimonial dispute, the Court takes a liberal view, but this would be a case where a liberal aptitude of the Court is not required to be ventured to be adopted and applied in the instant case.
2. As per the case of the applicants as submitted in the 482 application, in C482 Application No.1165 of 2021, it is not in dispute that the complainant/respondent has registered FIR No.429 of 2020, dated 20.06.2020, for alleged involvement of the present applicants for commission of the offence under sections 323, 498A, 504 and 506 of IPC and under sections 3/4 of Muslim Women (Protection of Rights over Marriage) Act, 2019. Apparently, the controversy since being private in nature, it seems to be compoundable on the joint request to be made by the parties by filing an appropriate application under section 320 of CrPC.
3. Initially after the grant of the interim order dated 03.09.2021, the notices were issued to respondent no.2, and respondent no.2, has filed a counter affidavit, and had contested the proceedings by placi
The main legal point established is the need for trial and scrutiny of evidence to establish the offences committed by the applicants, which influenced the court's decision to reject the compounding ....
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.
The court can exercise its inherent powers under Section 482 of the Cr.P.C. to compound offences, including those not compoundable under Section 320, based on the settlement of a civil dispute.
The court can exercise its inherent jurisdiction under Section 482 of Cr.P.C. to quash criminal proceedings based on the settlement between the parties, as established in the judgments in Gian Singh ....
The court can exercise its powers under Section 482 Cr.P.C to quash a FIR if the matrimonial dispute has been amicably settled and the allegations are not being pressed by the respondent.
The Court can quash non-compoundable charges under Section 498A due to mutual settlement, invoking inherent jurisdiction for justice.
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