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Service matter  –  100% reservation , not permissible.
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Changing perception of cruelty in matrimonial cases - We, the Judges and lawyers, therefore, should not import our own notions of life.

IPC S. 498A – Parties amicably settled the matter - High Court should have compounded the offences.

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IPC S. 498A –  Matrimonial disputes  –  Duty of the Court to encourage the genuine settlement of matrimonial disputes – CrPC S. 482 .

by Punjab Law Reporter
in Criminal, CrPC, IPC
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IPC S. 498A –  Matrimonial disputes  –  Duty of the Court to encourage the genuine settlement of matrimonial disputes – CrPC S. 482 .

Held,

 12. The observations made by this Court, though in a slightly different context, in G.V. Rao v. L.H.V. Prasad & Ors. [(2000) 3 SCC 693] are very apt for determining the approach required to be kept in view in matrimonial dispute by the courts, it was said that there has been an outburst of matrimonial disputes in recent times. Marriage is a sacred ceremony, the main purpose of which is to enable the young couple to settle down in life and live peacefully. But little matrimonial skirmishes suddenly erupt which often assume serious proportions resulting in commission of heinous crimes in which elders of the family are also involved with the result that those who could have counselled and brought about rapprochement are rendered helpless on their being arrayed as accused in the criminal case. There are many other reasons which need not be mentioned here for not encouraging matrimonial litigation so that the parties may ponder over their defaults and terminate their disputes amicably by mutual agreement instead of fighting it out in a court of law where it takes years and years to conclude and in that process the parties lose their “young” days in chasing their “cases” in different courts.

13.There is no doubt that the object of introducing Chapter XX-A containing Section 498A in the Indian Penal Code was to prevent the torture to a woman by her husband or by relatives of her husband. Section 498A was added with a view to punishing a husband and his relatives who harass or torture the wife to coerce her or her relatives to satisfy unlawful demands of dowry. The hyper-technical view would be counter productive and would act against interests of women and against the object for which this provision was added. There is every likelihood that non-exercise of inherent power to quash the proceedings to meet the ends of justice would prevent women from settling earlier. That is not the object of Chapter XXA of Indian Penal Code.

read HERE 2003 PLRonline 0008

B.S. Joshi v. State Of Haryana, 2003 PLRonline 0008 , : (2003) 4 SCC 675

Tags: CrPC S. 482IPC S. 498AQuashing - CrPC S. 482
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CrPC S. 482 – Quashing – The impugned judgment and order passed by the High Court is a cryptic, non-reasoned, non­speaking order – Set aside – After recording the submissions made by learned counsel for the parties, and thereafter by passing one paragraph order without assigning any further reasons, the High Court has allowed the application .

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CrPC S. 482 –  While quashing the criminal proceedings, the High Court has observed that no useful purpose will be served by prolonging the proceedings of the case –  The aforesaid cannot be a good ground and/or a ground at all to quash the criminal proceedings when a clear case was made out for the offences alleged.

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NIA S. 138 – CrPC S. 482 – – Burden of proving that there is no existing debt or liability, is to be discharged in the trial – When there is legal presumption, it would not be judicious for the quashing Court to carry out a detailed enquiry on the facts alleged, without first permitting the trial Court to evaluate the evidence of the parties

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CrPC S. 482 – Court should be slow to grant the relief of quashing a complaint at a pre-trial stage, when the factual controversy is in the realm of possibility particularly because of the legal presumption – NIA S. 138

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CrPC S. 482 – In exercise of its jurisdiction under Section 482 CrPC, must make a just and rightful choice

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