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Madan Mohan Abbot v. State of Punjab (2008) 4 SCC 582 - Main points and insights:
The case established the legal principle that criminal proceedings can be quashed if there is a settlement between the parties, especially in cases of personal nature.
The Supreme Court emphasized the importance of the parties' mutual settlement and the need to prevent abuse of judicial process.
The judgment clarified that the continuation of proceedings in such cases could be deemed an abuse of process, warranting quashing under Section 482 of the CrPC Sachin Shreekant Marathi VS State of Gujarat - Gujarat, Mansukh Leera Verat VS State Of Maharashtra - Bombay, Tara Devi VS State of Rajasthan - Rajasthan, Tushar Bhanudas Bharambe VS State of Maharashtra - Bombay, Kuldeep Singh VS State Of Punjab - Punjab and Haryana, Puneet VS State of Maharashtra - Bombay, Manager, Air Ambulance Aviation Ambatt VS State of Goa, through the Public Prosecutor - Bombay, Teklal Sao VS State of Jharkhand - Jharkhand, SHINOJ KUMAR MANGALATH Versus STATE OF KERALA - Kerala, SONY VARGHESE Versus STATE OF KERALA - Kerala.
Legal Principles and Ratio Decidendi:
The case sets a precedent that courts may quash criminal proceedings when parties have amicably settled disputes, especially in cases involving personal or matrimonial issues.
The judgment underscores the importance of ensuring that continued prosecution does not amount to an abuse of process when a genuine settlement exists Sachin Shreekant Marathi VS State of Gujarat - Gujarat, Mansukh Leera Verat VS State Of Maharashtra - Bombay, Tara Devi VS State of Rajasthan - Rajasthan, Tushar Bhanudas Bharambe VS State of Maharashtra - Bombay.
Analysis and Conclusion:
The judgment in Madan Mohan Abbot v. Punjab is frequently cited in subsequent cases to support the quashing of FIRs and criminal proceedings where parties have reached an amicable settlement.
It highlights the judiciary's approach to balancing the enforcement of criminal law with the principles of justice and fairness, especially in cases of personal disputes.
Overall, the case reinforces the legal doctrine that criminal proceedings can be discontinued to uphold the interests of justice when continued prosecution would be unjustified or constitute abuse of process Kuldeep Singh VS State Of Punjab - Punjab and Haryana, SHINOJ KUMAR MANGALATH Versus STATE OF KERALA - Kerala, SONY VARGHESE Versus STATE OF KERALA - Kerala.

Search Results for "Madan Mohan Abbot"

Sachin Shreekant Marathi VS State of Gujarat

2015 0 Supreme(Guj) 351 • India - Gujarat

ABHILASHA KUMARI

Mohan Abbot v. ... Ratio Decidendi: The court relied on the principles of law enunciated by the Supreme Court in Madan Mohan Abbot v. ... and the complainant's withdrawal of criminal proceedings, in line with the principles of law enunciated by the Supreme Court in Madan ... In Madan Mohan Abbot v. ... In support of his submissions, learned advocate for the applicants has placed reliance upon the judgments of the Supreme Court in t....

Mansukh Leera Verat VS State Of Maharashtra

2023 0 Supreme(Bom) 1104 • India - Bombay

REVATI MOHITE DERE, PRITHVIRAJ K. CHAVAN

The court referred to the judgment in the case of Madan Mohan Abbot Vs. ... Mohan Abbot Vs. ... on the consensual nature of the relationship, the request for quashing by the respondent no.2, and the judgments in the cases of Madan ... Learned Counsel for the petitioner has pressed into service a judgment of the Hon'ble Supreme Court in the case of Madan Mohan Abbot Vs. State of Punjab, (2008) 4 SCC 582. It was a case under Sec. 379,....

2014 0 Supreme(Raj) 1365 • India - Rajasthan

NIRMALJIT KAUR

Mohan Abbot v. ... Mohan Abbot v. ... parties, emphasizing the advisability of accepting compromise in disputes of a purely personal nature, as highlighted in the case of 'Madan ... The Apex Court in the case of 'Madan Mohan Abbot v. State of Punjab' reported as (2008) 4 SCC 582 emphasised in para No.6 as follows:-"6.

Tushar Bhanudas Bharambe VS State of Maharashtra

• India - Bombay

V. M. DESHPANDE, G. A. SANAP

Mohan Abbot v. ... Ratio Decidendi: The court relied on the authoritative pronouncement of the Hon'ble Apex Court in the case of Madan Mohan ... Abbot v. ... The question is not in res integra in view of authoritative pronouncement given by the Hon'ble Apex Court in the case of Madan Mohan Abbot Vrs. State of Punjab, reported in (2008) 4 SCC 582.

2011 0 Supreme(P&H) 879 • India - Punjab and Haryana

RITU BAHRI

State of Punjab, Madan Mohan Abbot vs. ... State of Punjab, and Madan Mohan Abbot vs. ... Consequently, in view of the judgment of the Honble Supreme Court in the case of Madan Mohan Abbot vs. State of Punjab (supra) and the law laid down by the Full Bench of this Court in the case of Kulwinder Singh and others vs. ... The Honble Supreme Court in the case of Madan Mohan Abbot vs.....

• India - Bombay

V. M. DESHPANDE, ANUJA PRABHUDESSAI

Mohan Abbot Vs. ... Mohan Abbot Vs. ... Finding of the Court: The Court, considering the settlement between the parties and relying on the decision in Madan ... The Hon'ble Supreme Court in Madan Mohan Abbot Vs. ... In view of the law laid down by the Hon'ble Supreme Court in Madan Mohan Abbot (supra) and as the parties have decided to bury their dispute and lead their future life amicably, we a....

Manager, Air Ambulance Aviation Ambatt VS State of Goa, through the Public Prosecutor

2017 0 Supreme(Bom) 2389 • India - Bombay

C.V.BHADANG, PRITHVIRAJ K.CHAVAN

It referred to the case of Madan Mohan Abbot v. ... It also referred to the case of Madan Mohan Abbot v. State of Punjab (2008) 4 SCC 582 to support its decision. ... The Hon'ble Supreme Court in the case of Madan Mohan Abbot v.

2022 0 Supreme(Jhk) 1409 • India - Jharkhand

NAVNEET KUMAR

State of Panjab and Anr. (2014) 6 SCC 466, and Madan Mohan Abbot Vs. ... State of Panjab and Anr. (2014) 6 SCC 466, and Madan Mohan Abbot Vs. ... In Madan Mohan Abbot v. State of Punjab, reported in (2008) 4 SCC 582, the Hon’ble Supreme court has observed as under: “6. ... Reported in (2012) 10 SCC 303 and 3. in the case of Madan Mohan Abbot Vs. State of Punjab reported in (2008....

SHINOJ KUMAR MANGALATH Versus STATE OF KERALA

2024 Supreme(Online)(KER) 27489 • India - High Court of Kerala

V. G. Arun, J

CRIMINAL LAW - QUASHING OF FIR - SETTLEMENT - SECTION 482 CRPC - [MADAN MOHAN ABBOT V STATE OF PUNJAB [(2008) 4 SCC 582] AND GIAN ... Ratio Decidendi: The court relied on the Supreme Court judgments in Madan Mohan Abbot v State of Punjab and Gian Singh v State ... As such, continuance of the proceedings against the petitioners will amount to an abuse of process of court and hence, in view of the legal position set out by the Honourable Supreme Court in Madan #HL_STAR....

2024 Supreme(Online)(KER) 3558 • India - High Court of Kerala

V. G. Arun, J

CRIMINAL LAW - QUASHING OF PROCEEDINGS - SETTLEMENT BETWEEN PARTIES - SECTION 482 CRPC - [MADAN MOHAN ABBOT V STATE OF PUNJAB ... Ratio Decidendi: The court relied on the Supreme Court's decisions in Madan Mohan Abbot v State of Punjab and Gian Singh v ... As such, continuance of the proceedings will amount to an abuse of process of court and hence, in view of the legal position set out by the Honourable Supreme Court in Madan Mohan Abbot#....

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