Wednesday, December 17, 2008

#015 WITHDRAWAL OF CRIMINAL CASE FILED AGAINST HUSBAND WHERE HUSBAND HAS WITHDRAWN HIS DIVORCE PETITION

Transfer Petition (civil) 457 of 2006
PETITIONER: ARCHANA
RESPONDENT: VIMALENDRA PAL SINGH BHADAURIA
DATE OF JUDGMENT: 08/02/2008
BENCH: H.K. SEMA & MARKANDEY KATJU


STATUTES
Sec. 498A of I.P.C. (Harassment for dowry)
Sec. 482 of Cr.P.C. (High Court's powers to quash proceedings)
Sec. 320 of Cr.P.C. (Non-compoundability of crimes).

BRIEF DETAILS OF THIS CASE
Wife entering into settlement with husband.
Husband agreeing not to press on the divorce proceedings.
Wife praying for quashing for F.I.R. filed by her against husband and the criminal proceedings pending in a Session Court.

VERDICT
Supreme Court consented.

REASONS
Special nature of the case. Need for flexibility in case of marrital disputes.

IMPORTANT CASE WHERE GUIDELINES CAN BE FOUND
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.


URL WHERE THESE TWO CASES CAN BE SEEN
Click to go to: http://www.judis.nic.in/supremecourt/chejudis.asp

No comments: