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Tag: CrPC 482 – IPC 498A Quashed Due To Compromise

Kanchanapally Srinivas Vs State of Telangana on 26 Apr 2021

Posted on July 14, 2024 by ShadesOfKnife

A single judge bench of the Telangana High Court held as follows,

From Paras 3-6,

3. Sri K. Venumadhav, learned counsel for the petitioners would submit that the 2nd respondent herself filed a petition vide FCOP.No.1267 of 2017 seeking dissolution of marriage on the ground of cruelty and the same was decreed on 12.04.2018 and the said order and decree attained finality. Therefore, the continuation of proceedings against the petitioners for the offences under Sections 498-A of IPC and Sections 4 and 6 of Dowry Prohibition Act, 1961 is not permissible. In support of his contentions he has relied on the principle laid down by the Hon’ble Apex Court in Mohammad Miyan and others v. State of Uttar Pradesh and another1. There are no allegations, much less specific allegations against the petitioners 2 and 3 herein, who are the aged parents of A-1.

4. The 2nd respondent has filed counter affidavit stating that she has filed FCOP.No.1267 of 2017 and the same was decreed and she has received an amount of Rs.2 lakhs as per the settlement taken place between the petitioners and the de-facto complainant. She has also filed a petition vide M.C.No.39 of 2020 and also O.P.No.831 of 2018 on behalf of her son K.Naga Satya Sai towards maintenance and the said OP was closed on receipt of said amount of Rs.2 lakhs.

5. With the said submissions, the 2nd respondent specifically contended that she has no interest in continuing the present proceedings in Cr.No.800 of 2019 against the petitioners herein.

6. Considering the said aspects and also the fact that the marriage of the 1st petitioner with the 2nd respondent was dissolved vide decree and order dt.12.04.2018 in FCOP.No.1267 of 2017 and in view of the principle laid down by the Hon’ble Apex Court in Mohammad Miyan’s case (supra) and also considering the contents of the counter affidavit, this Criminal Petition is allowed and the proceedings 2019(1) ALT (Crl.)276 (SC) in Cr.No.800 of 2019, pending on the file of WPS, DD, Hyderabad, against the petitioners herein are quashed.

Kanchanapally Srinivas Vs State of Telangana on 26 Apr 2021

Other Sources:

https://indiankanoon.org/doc/81574210/


Index of Quash Judgments is here.

Posted in High Court of Telangana Judgment or Order or Notification | Tagged 1-Judge Bench Decision CrPC 482 - IPC 498A case Quashed Due To Earlier Divorce CrPC 482 – IPC 498A Quashed CrPC 482 – IPC 498A Quashed Due To Compromise Kanchanapally Srinivas Vs State of Telangana Mohammad Miyan Vs State of UP | Leave a comment

Ibrahim Mohammad Vs State of Telangana on 21 Jun 2019

Posted on June 30, 2021 by ShadesOfKnife

Simple to follow procedure at Telangana High Court if you want to get a case quashed in which non-compoundable offences were registered.

Ibrahim Mohammad Vs State of Telangana on 21 Jun 2019

Citations :

Other Sources :

https://indiankanoon.org/doc/198455920/

Posted in High Court of Telangana Judgment or Order or Notification | Tagged CrPC 482 – IPC 498A Quashed Due To Compromise Ibrahim Mohammad Vs State of Telangana IPC 366 - Kidnapping abducting or inducing woman to compel her marriage etc | Leave a comment

Anubhav Gupta Vs State of Rajasthan on 5 October 2009

Posted on January 16, 2019 by ShadesOfKnife

Settlement can magically make all cases disappear just like that. Once Settlement is reached, 498A, 406 IPC, Divorce and Domestic Violence along with another case under sections 353, 323, 427, 500, 504 and 506 IPC, are all quashed.

Paisa phekho, mazaa karo.

Anubhav Gupta Vs State Of Rajasthan on 5 October, 2009

Citations: [

Other Source links:


The Index for Defamation Judgments is here.


Reproduced in accordance with Section 52(q) of the Copyright Act 1957 (India) from main.sci.gov.in/judgments, judis.nic.in, lobis.nic.in, indiacode.nic.in and other Indian High Court and District Court Websites such as ecourts.gov.in

Posted in Supreme Court of India Judgment or Order or Notification | Tagged Anubhav Gupta Vs State Of Rajasthan CrPC 199 - Defamation CrPC 482 – IPC 498A Quashed Due To Compromise IPC 499 - Defamation IPC 500 - Punishment For Defamation PWDV Act - Dismissed As Settled Out-of-Court Work-In-Progress Article | Leave a comment

Gian Singh Vs State Of Punjab & Anr on 24 September, 2012

Posted on October 18, 2018 by ShadesOfKnife

The legal contention to be decided authoritatively in this case in front of Apex Court is that “it should not be understood to have meant that Judges can quash any kind of criminal case merely because there has been a compromise between the parties. After all, a crime is an offence against society, and not merely against a private individual”.

This was referred from a 2-judge bench of Apex Court to decide the issue authoritatively and dissolve the ambiguity, if any.

Some or all of the following tests may be relevant to decide whether to quash or not to quash the criminal proceedings in a given case;

(a) the nature and gravity of case;

(b) does the dispute reflect overwhelming and predominantly civil flavour;

(c) would the quashing involve settlement of entire or almost the entire dispute;

(d) the compromise/settlement between parties and/or other facts and the circumstances render possibility of conviction remote and bleak;

(e) not to quash would cause extreme injustice and would not serve ends of justice and

(f) not to quash would result in abuse of process of court.

Gian Singh Vs State Of Punjab & Anr on 24 September, 2012

The key judgment cited in this judgment is here.


Citations: [2012 SCALE 9 257], [2012 SLT 7 171], [2012 CRLJ SC 4934], [2012 RCR CRIMINAL SC 4 543], [2012 SCC 10 303], [2012 AIR SC 5333], [2012 BOMCR CRI SC 4 428], [2013 SCC CRI 1 160], [2012 CRIMES SC 4 155], [2012 AIOL 413], [2012 SCC CIV 4 1188], [2012 SCC L&S 2 988], [2012 SCC ONLINE SC 769], [2012 KLJ 4 141], [2012 KERLT 4 108], [2012 GUJ LH 3 394], [2012 AIR SC SUPP 838], [2013 RLW SC 4 3573], [2013 BLJ 2 289], [2012 SCR 8 753], [2012 KARLJ 5 476], [2012 WLN 4 71], [2012 CGLRW 3 98], [2012 JT SC 9 426], [2012 AIR SCW 5333]

Other Sources:

https://indiankanoon.org/doc/69949024/

https://www.casemine.com/judgement/in/5609af16e4b014971141590c

https://indianlawportal.co.in/gian-singh-v-state-of-punjab/

Posted in Supreme Court of India Judgment or Order or Notification | Tagged CrPC 320 - Compounding of offences CrPC 482 - Saving of inherent powers of High Court CrPC 482 – IPC 498A Quashed Due To Compromise Gian Singh Vs State Of Punjab and Anr Landmark Case Legal Procedure Explained - Interpretation of Statutes Referred to Large Bench Reportable Judgement or Order Sandeep Pamarati Section 482 CrPC And Article 226 Of Constitution Of India Overrides Section 320 CrPC | Leave a comment

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