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Jitendra Raghuvanshi Vs. Babita Raghuvanshi [15/03/13]

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[Criminal Appeal No. 447 of 2013 arising out of S.L.P. (CRL.) No. 6462 of 2012]. The important question that falls for determination in the instant appeal is about the ambit and scope of the inherent powers of the High Court's under Section 482 of the Code of Criminal Procedure, 1973 (in short "the Code") in quashing of the criminal proceedings in non-compoundable offences relating to matrimonial disputes. This appeal is directed against the final judgment and order dated04.07.2012 passed by the High Court of Madhya Pradesh, Bench at Indore in M.CR.C. No. 2877 of 2012, whereby the High Court dismissed the petition filed by the appellants herein under Section 482 of the Code for quashing of proceedings in Criminal Case No. 4166 of 2011 pending in the Court of Judicial Magistrate Class I, Indore. Brief facts: The marriage of Jitendra Raghuvanshi (Appellant No. 1 herein) and Babita Raghuvanshi, respondent-wife, was solemnized on 22.02.2002 as per Hindu rites and rituals. After the marriage, the parties were residing together as husband and wife at District Baitul, M.P. On 05.03.2003, an FIR being No. 172 of 2003 was registered at P.S. Sarni, Dist. Baitul for the offences punishable under Sections 498A, 406 read with Section 34 of the Indian Penal Code, 1860 (in short 'the IPC') at the instance of Babita Raghuvanshi - respondent-wife owing to the harassment and torture meted out to her in the matrimonial home by her husband and his relatives.

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