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Smt. Manbhawati Wife Of Sri Ram Narayan ... vs State Of U.P. And Smt. Soni Wife Of Manoj ... on 19 April, 2006 cites

B.S. Joshi & Ors vs State Of Haryana & Anr on 13 March, 2003

5. Cogitating over the submissions advanced by both the sides it is to be noted that the case relates to a matrimonial dispute. The interest of justice is to foster and cement the bondage of togatherness of the nucleus of the society that is the family. It will be hazardous to the society to force the parties to litigate over an issue in such matters especially when the parties have come to a compromise and they want to live a happy life. No doubt the matrimonial offences are a slur on our society and the legislature in it's wisdom thought it proper to curb the menace of such type of matrimonial disputes with conviction but this does not mean that the interest of justice, which is supreme of all the laws and for which the courts exits to be also sacrificed at the alter of technicalities. If such a course, of not permitting to compound the offences of matrimonial disputes, are strictly adhered to by the courts, then it will be a dig- service to the society for the protection of which the courts exits. It has been held by the apex court in the case of B.S. Joshi and Ors. v. State of Haryana and Ors. 2003 SCC (Cr) 848, that the power of the high court under Section 482 Cr.P.C. is not circumscribed by Section 320 Cr.P.C. It has been further held, in para 14 of the said judgment, by the apex court that-
Supreme Court of India Cites 20 - Cited by 11910 - H K Sema - Full Document
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