Quashing of non-compounding case when parties are settled their issues out of the court
My wife has filed a false case against me in order to compel me for meeting her demand. She is not willing to live with me because she has affair with a man and she wants to live with him. Her parents are also taking her favour therefore they demand huge amount of money for mutual divorce.
I was unable to fulfil their demand so that they started fighting and threatened me to face dire consequences. After some time, she approached me to return all the goods and money expended in her marriage. I denied to return a single penny because it was unfair demand.
Thereafter she filed a false case of cruelty and sodomy against me. We have settled our disputed consequently we want to get rid of criminal cases. My advocate says that sodomy is a non compoundable offence therefore it cannot be compounded under section 320 crpc, please advise.
This criminal case is
Section 482 of the code of criminal procedure confers wide power to the High Court.
Since it is a false case and your wife is ready to withdraw then you should initiate
In Yogendra Yadav v.
“the High Court can quash a criminal proceeding in exercise of its power under Section 482 of the Code having regard to the fact that the parties have amicably settled their disputes and the victim has no objection, even though the offences are non-compoundable.”
The Supreme Court has reiterated the same decision in Gian Singh v.
But in B.S. Joshi v. State of Haryana, (2003) 4 SCC 675; the supreme court has held that court can quash the criminal proceeding between parties to the marriage (husband-wife) if they have reached a conclusion that their marriage should be dissolved and a compromise deed has prepared by them to settle their issue out of the court.
The court can quash the criminal proceeding when there is no probability of conviction. A lame proceeding does not serve
In Narinder Singh vs
- Secure ends of justice, or
- Prevent abuse of process of the court.
Therefore, in the interest of
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You can ask your question to Mr Shivendra Pratap Singh, (Advocate, High Court Allahabad, Lucknow Bench)
The Supreme Court held that sexual intercourse by taking consent on the false promise of marriage amounts to the offence of rape. As far as section 90 & 375 IPC is concerned, if the consent was taken by the misconception of fact, i.e. the false promise of marriage, it is not a valid consent and accused shall be punished for the offence of rape
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