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DINESH KUMAR SHARMA
Pradeep Kumar @ Pradeep Jain – Appellant
Versus
State, Government of National Capital Territory of Delhi – Respondent
JUDGMENT
Dinesh Kumar Sharma, J. (Oral)--This is a petition filed under Section 482 Cr.P.C. seeking to quash FIR No. 1140/2021 under Section 498A/406/376/377/34 IPC registered at PS Samaipur Badli, Delhi and all consequent proceedings emanating there from pending before the court of competent jurisdiction.
2. The factual matrix giving rise to the instant case is that the marriage between Petitioner no. 1 and Respondent no. 2/complainant was solemnised on 13.12.2017 as per Hindu Rites and ceremonies. No child was born out of this wedlock.
3. It is averred in the petition that the parties lived together for only about five months when a scuffle took place between the parties due to some misunderstanding which resulted in various litigations being ensued between them including an application under section 12 of the Protection of Women from Domestic Violence Act 2005 in CC No. 1692/2020 and Maintenance petition bearing no. Mt. Case Ni. 91/2020 under Section 125 Cr.P.C. A complaint was also made by Respondent No. 2/complainant before CAW Cell against the petitioners and on the basis of the said complaint, the present FIR was registered.
4. Learned Counsel for the petitioners submits t
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....
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....
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.
The court's decision established the principle that FIRs in matrimonial disputes can be quashed based on amicable settlements between the parties, and that the nature of the offences and settlement a....
Point of Law : While deciding whether to exercise its power under Section 482 of Code or not, timings of settlement play a crucial role. Those cases where settlement is arrived at immediately after a....
The central legal point established is the discretion of the court to quash criminal proceedings based on settlement between the parties in a matrimonial dispute, considering the nature of the offens....
The court may quash FIRs in matrimonial disputes when parties settle amicably, promoting justice and reducing the burden on the judicial system.
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