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IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
ASHISH NAITHANI
Mukul Goyal – Appellant
Versus
State of Uttarakhand – Respondent
| Table of Content |
|---|
| 1. application filed under section 482 crpc. (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. claims of abuse of legal process in matrimonial dispute. (Para 7 , 8 , 9 , 10 , 11) |
| 3. respondent's arguments against quashing proceedings. (Para 12 , 13 , 14 , 15 , 16 , 17) |
| 4. court's inherent jurisdiction under section 482 crpc. (Para 18 , 19 , 20 , 21) |
| 5. assessment of allegations and suitability of trial. (Para 22 , 23 , 24 , 25 , 26 , 27 , 28) |
| 6. application dismissed; no grounds for quashing. (Para 29) |
JUDGMENT :
Ashish Naithani, J.
The present application has been filed under Section 482 of the Code of Criminal Procedure invoking the inherent jurisdiction of this Court for quashing of the criminal proceedings arising out of Special S.C./S.T. Case No. 14 of 2023 pending before the Court of the 5th Additional District and Sessions Judge (S.C./S.T. Act), Dehradun.
2. The Applicant Mukul Goyal and the private Respondent Naina Surat Rawat are husband and wife. Their matrimonial relationship has been strained and multiple proceedings between the parties are stated to be pending in different jurisdictions.
3. It appears from the record that matrimonial proceedings between the parties were also ini
Quashing of criminal proceedings under Section 482 CrPC is not warranted when allegations disclose cognizable offences and must be adjudicated at trial.
Inherent powers under Section 482 Cr.P.C. may be exercised to quash criminal proceedings if extraordinary circumstances arise, such as marriage between accused and victim, even in serious non-compoun....
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 settlement between the parties and mutual divorce under Section 13-B of the Hindu Marriage Act, 1955, can justify the quashing of criminal proceedings under Section 482 of the Code, especially in....
In cases of matrimonial disputes with predominantly civil flavor, the High Court may quash criminal proceedings if the possibility of conviction is remote and bleak due to a settlement between the of....
The judgment established the principle that unfounded criminal charges and long-drawn criminal prosecution can have serious consequences, and the Court should exercise its inherent powers to prevent ....
The court may quash non-compoundable criminal proceedings arising from matrimonial disputes if the parties have reached an amicable settlement.
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