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SUPREME COURT OF INDIA

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CASE NO.:

Appeal (crl.) 383 of 2003

PETITIONER:

B.S. Joshi & Ors.

RESPONDENT:

State of Haryana & Anr.

DATE OF JUDGMENT: 13/03/2003

BENCH:

Y.K. Sabharwal & H.K. Sema.

JUDGMENT:

J U D G M E N T

[Arising Out of SLP (Crl.) No.3416 of 2002]

Y.K. Sabharwal, J.

Leave granted.

The question that falls for determination in the instant case is about the ambit of

the inherent powers of the High Courts under Section 482, Code of Criminal Procedure (Code)

read with Articles 226 and 227 of the Constitution of India to quash criminal proceedings.

The scope and ambit of power under Section 482 has been examined by this Court in catena of

earlier decisions but in the present case that is required to be considered in relation to m

atrimonial disputes. The matrimonial disputes of the kind in the present case have been on

considerable increase in recent times resulting in filing of complaints by the wife under S

ections 498A and 406, IPC not only against the husband but his other family members also. W

hen such matters are resolved either by wife agreeing to rejoin the matrimonial home or mutu

al separation of husband a