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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
J.SREENIVAS RAO
Vijaya Lakshmi @ Rambha W/o Indrakumar Pathmanathan – Appellant
Versus
State of Telangana – Respondent
| Table of Content |
|---|
| 1. filing of criminal petitions for quashing proceedings (Para 1 , 4) |
| 2. compromise and divorce leading to application for quashment (Para 5 , 10 , 11) |
| 3. arguments regarding the abuse of process of law (Para 7 , 8 , 9) |
| 4. supreme court precedents on criminal proceedings post-divorce (Para 12 , 13) |
| 5. quashing of proceedings based on mutual consent divorce (Para 14 , 15 , 16) |
ORDER :
1. These Criminal Petitions have been filed under Section 482 of the Code of Criminal Procedure, 1973 (for short ‘Cr.P.C.’) by the petitioners, seeking to quash proceedings in C.C.No.313 of 2024 on the file of the learned XIII Additional Chief Metropolitan Magistrate at Hyderabad, wherein, the petitioners were arrayed as accused Nos.1 and 2 for the offences punishable under Sections 498(A), 406 and 506 r/w Section 34 of the Indian Penal Code, 1860, Sections 4 and 6 of the Dowry Prohibition Act, 1961 and Section 156(3) of the Code of Criminal Procedure, 1973.
2. Heard Sri Umakanth Reddy, learned counsel representing Sri C.Damodar Reddy, learned counsel appearing for the petitioners and Sri M.Vivekananda Reddy, learned Assistant Public Prosecutor for respondent No.1.
3. There is no representation
Continuation of criminal proceedings becomes an abuse of law when matrimonial disputes are amicably resolved and the parties lead separate lives, warranting quashment.
Point of law: joint memorandum of settlement filed by the respective parties and in the light of the above decisions of the Hon'ble Apex Court, it is appropriate to quash the criminal proceedings
Point of law: offences for which the appellants have been charged are infact offences against society and not private in nature. Such offences have serious impact upon society and continuance of tria....
Point of Law : While deciding whether to exercise its power under Section 482 of Code or not, timings of settlement play a crucial role. Those cases where settlement is arrived at immediately after a....
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.
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