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march 2003

Supreme Court of India · 2003-03-13

B.S. JOSHI vs STATE OF HARYANA

Citation / case number
SC 2002/15154
Court
Supreme Court of India
Petitioner
B.S. JOSHI
Respondent
STATE OF HARYANA
Author
H.K. SEMA. Y.K. SABHARWAL
Bench
H.K. SEMA. Y.K. SABHARWAL

Judgment text excerpt

The Supreme Court examined the inherent powers of High Courts under Section 482 of the Code of Criminal Procedure, alongside Articles 226 and 227 of the Constitution, to quash criminal proceedings in matrimonial disputes. The Court held that even non-compoundable offences under Sections 498A and 406 IPC can be quashed if the parties reach a mutual settlement, thereby establishing that the High Court's refusal to quash the FIR based on the non-compoundability was erroneous. The appeal was allowed, and the FIR was quashed in light of the mutual agreement between the parties.

B.S. JOSHI vs STATE OF HARYANA · Niyam