ASHISH PANDEY & ORS VERSUS STATE & ANR
CODE OF CRIMINAL PROCEDURE, 1973 (CrPC)
Section 173 - Report of police officer on completion of investigation
Section 34 - Acts done by several persons in futherance of common intention
Section 406 - Punishment for criminal breach of trust
Section 498 A - Husband or relative of husband of a woman subjecting her to cruelty
Delhi High Court (Single Judge)
CRL.M.C., 423 of 2019, Judgment Date: Jul 18, 2019
In a case where criminal proceedings arise essentially out of matrimonial dispute and the parties have decided to bury the hatchet, the court must examine if there is any likelihood of the criminal prosecution resulting in conviction. In fact-situation wherein the matrimonial relation has been brought to an end by mutual consent and the parties are eager to move on with their respective lives seeking closure and if there is nothing to indicate lack of bonafide on the part of any side, denial of the prayer for quashing the criminal case would restore acrimony rather than bring about peace. Allowing continuance of the criminal action would be fruitless and clearly an abuse of judicial process
ASHISH PANDEY & ORS VERSUS STATE & ANR