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Showing posts with label crpc sec 320. Show all posts
Showing posts with label crpc sec 320. Show all posts
Sep 7, 2009
Prem Shankar Pandey & Others Vs State Of U.P. & Another, HIGH COURT OF ALLAHABAD APPLICATION U/S 482 No. - 16003 of 2009
The words "Nothing in this Code" used in section 482 is a non obstante clause, and give it overriding effect over other provisions in the Cr.P.C. The words "or otherrwise to secure the ends of justice" in section 482 implies that to secure the interest of justice, sometimes (though only in very rare cases) the High Court can pass an order in violation of a provision in the Cr.P.C. in appropriate cases where the dispute is of a personal nature and the parties have settled the dispute amicably, the High Court in exercise of its inherent power under section 482 Cr.P.C. can quash the criminal proceedings even in those cases where the offences are non- compoundable.
.S.Joshi & others vs. State of Haryana and another 2003 (46) ACC 779
Marriage is a scared 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.
There is no doubt that the object of introducing Chapter XX-A containing section 498-A in the Indian Penal Code was to prevent the torture to a woman by her husband or by relatives of her husband. Section 498-A 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.
There is no doubt that the object of introducing Chapter XX-A containing section 498-A in the Indian Penal Code was to prevent the torture to a woman by her husband or by relatives of her husband. Section 498-A 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.
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