19 July 2020

Criminal proceeding for sec. 498A can be quash even after judgment and while pending appeal

Accused convicted for the offences punishable u/s.498 A, 504, 506 r/w 34 of IPC - matrimonial dispute - during the pendency of appeal against conviction accused and informant arrived at settlement and decided to end the dispute - sought quashing of proceeding u/s.482 - judgment of conviction quashed.

Criminal proceeding can be quash even after judgment and while pending appeal
It is undisputed that during the pendency of the appeal challenging the judgment of conviction, the matrimonial dispute between the applicant no.1 and the applicant no.7 stands settled. As observed in Saloni Rupam Bhartiya { 2015 (4) RCR (Criminal) 172} and Ramesh s/ o Shaligram Dode & Ors. {2014 ALL MR (Cri) 282.}, if during the pendency of the proceedings the matrimonial dispute between the parties stands settled, the Court can quash the criminal proceedings in their entirety by invoking powers under Section 482 of the Code. We find the present case to be a fit one to exercise such jurisdiction.[Para No.5]


Bombay High Court

Abdul Rashid Abdul Hanif
Vs.
State Of Maharashtra 

Decided on 17/07/2020





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