LEGALLY SPEAKING... The Cases filed by women against in-laws for harassment and cruelty under Section 498A of Indian Penal Code, which under the law could not be compounded, can now be quashed if the spouses kiss and make up and resume conjugal relations, the Supreme Court ruled. The Honble Supreme Court, in its recent judgment in CRIMINAL APPEAL No. 447 OF 2013 (Arising out of S.L.P. (Crl.) No. 6462 of 2012) Jitendra Raghuvanshi and Ors. .... Appellant(s) Versus Babita Raghuvanshi & Anr. .... Respondent(s) held that the High Court in exercise of its inherent powers can quash the criminal proceedings or FIR or complaint in appropriate cases in order to meet the ends of justice and Section 320 of the Code does not limit or affect the powers of the High Court under Section 482 of the Code. In fact it becomes the duty of the court to encourage genuine settlements of matrimonial disputes. The Court further stated that there has been an outburst of matrimonial disputes in recent times. The institution of marriage occupies an important place and it has an important role to play in the society. Therefore, every effort should be made in the interest of the individuals in order to enable them to settle down in life and live peacefully. If the parties ponder over their defaults and terminate their disputes amicably by mutual agreement instead of fighting it out in a court of law, in order to do complete justice in the matrimonial matters, the courts should be less hesitant in exercising its extraordinary jurisdiction.
Posted on: Mon, 10 Mar 2014 14:37:34 +0000
Trending Topics
Recently Viewed Topics
© 2015