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SUBODH ABHYANKAR
Anshul – Appellant
Versus
State of M. P. – Respondent
ORDER
1. Heard finally, with the consent of the parties.
2. This petition (M.Cr.C. No.6308 of 2022) has been filed by the petitioners under section 482 of Cr.P.C., for quashing the FIR lodged at Crime No.999 of 2018 registered at Police Station – Vijay Nagar, Indore under sections 498A, 323, 506, 34, 325 and 313 of IPC and also the subsequent proceedings which are pending in S.T. No.578 of 2019 in the Court of 16th Additional Sessions Judge, Indore.
3. Since charges have already been framed in the aforesaid case, the petitioners, by way of extra precaution, have also filed a separate Criminal Revision No.3272 of 2022 against the framing of charges dated 18.7.2022 and 4.8.2022 under sections 498A and 313 of IPC against all the petitioners, and additional charges against petitioner No.1 under sections 323, 325 and 506 of IPC and since the facts are identical, the aforesaid criminal revision is also being disposed of vide this order.
4. The case of the petitioners is that the petitioner No.1 Anshul Gupta’s marriage was solemnized with the respondent No.2 Smt. Purnima on 23.4.2000, whereas the petitioners No.2 and 3 are the octogenarian father and mother of the petitioner No.1. Out of t
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....
Allegations in FIR filed post-divorce petition are retaliatory, warranting quashing of criminal proceedings under inherent jurisdiction due to abuse of process.
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.
Subsequent events, such as divorce and remarriage, can be considered in determining the abuse of process of law and the justification for quashing criminal proceedings.
The court may quash non-compoundable criminal proceedings arising from matrimonial disputes if the parties have reached an amicable settlement.
General allegations against in-laws in matrimonial disputes require specific accusations to avoid quashing of FIR under Section 482, Cr.P.C.
Dowry offences – Criminal case cannot proceed on general and omnibus allegations.
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