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RAJNISH BHATNAGAR
Anmol Soodand Others – Appellant
Versus
State(NCT Of Delhi)and Another – Respondent
ORDER
1. This is a petition filed by the petitioners under Article 226 of the Constitution of India read with Section 482 Cr.P.C. seeking quashing of FIR No.342/2021 under Sections 498A/406/377/34 IPC, registered at Police Station Amar Colony, Delhi, and all proceedings emanating therefrom.
2. The brief facts of the case are that the petitioner no. 1 and respondent no.2 got married on 23.11.2017 and they lived together as wife and husband with each other. After the marriage, disputes and differences arose between them and they started living separately since January, 2020. Respondent no.2 got the above said FIR registered against the petitioners on 22.07.2021.
3. Learned senior counsel appearing for the petitioners submits that during the pendency of the trial, parties have settled the matter amicably by way of MOU dated 09.10.2021. Accordingly, petition under Section 13-B(2) of the HMA Act was allowed and the marriage of petitioner no.l and respondent no.2 was dissolved vide decree of divorce dated 07.12.2021 passed by Principal Judge, Family Court, Saket, New Delhi.
4. Issue notice. Learned ASC for the State enters appearance on advance notice and accepts notice. Learned counsel f
The court emphasized the duty to give adequate treatment to settlement between parties, particularly in cases involving compoundable offences, and the need to consider the likelihood of criminal pros....
The court has the power under Section 482 Cr.P.C. to quash criminal proceedings, even for heinous offenses, in cases of settlement and compromise, but must exercise this power sparingly and with caut....
High Courts can quash FIRs in matrimonial disputes when parties amicably settle, as continuance would lead to abuse of judicial process and not serve the ends of justice.
The power of the High Courts to quash FIRs, the nature of offences that can be quashed based on compromise, and the influence of previous judgments on the court's decision.
In the exercise of power under Section 482 and while dealing with a plea that the dispute has been settled, the High Court must have due regard to nature and gravity of offence. Heinous and serious o....
Section 482 should be exercised sparingly and with circumspection only when the Court is convinced, on the basis of material on record, that allowing the proceedings to continue would be an abuse of ....
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