DINESH KUMAR SHARMA
Prajol Biswal – Appellant
Versus
State NCT of Delhi Through Sho Ps Sarita Vihar – Respondent
JUDGMENT
Dinesh Kumar Sharma, J. (Oral)
CRL.M.A.3345/2023 (exemption)
Exemption allowed subject to all just exceptions.
CRL.M.C. 879/2023
1. This is a petition for quashing of FIR No.0360/2019 under Sections 498A/406/34 IPC registered at Police Station Sarita Vihar.
2. The facts of the case, in brief, are that the marriage between the parties took place on 29.04.2018. No child was born out of this wedlock. Thereafter, due to temperamental incompatibility disputes arose between the parties which resulted in the registration of the FIR. Learned counsel for the petitioners submits that with the intervention of well wishers and relatives, the matter has been amicably settled. The parties have also entered into a Settlement Agreement dated 01.12.2022. Learned counsel for the petitioner further submits that pursuant to the settlement agreement, a petition for divorce vide mutual consent was filed and the first motion has already been passed vide order dated 01.12.2022. He submits that the petition for the second motion is fixed today itself. It is the case of the petitioners, that since no grievance of whatsoever nature is left between the parties, it will be in the interest of justice tha
High Courts can quash non-compoundable offences in matrimonial disputes if parties reach an amicable settlement, as established in B.S. Joshi v. State of Haryana and other precedents.
The voluntary and amicable nature of a settlement in cases arising from matrimonial differences can be a basis for quashing non-compoundable offences under relevant legal provisions.
The court can quash non-compoundable offences arising from matrimonial differences if the parties have reached an amicable settlement.
The court can exercise inherent powers to quash non-compoundable offences after considering the nature of the offence and the amicable settlement between the parties, especially in cases of matrimoni....
The importance of amicable settlements in matrimonial disputes and the court's power to quash proceedings under Section 482 of the Criminal Procedure Code.
Exercise of inherent powers under section 482 of the Code to quash non-compoundable offences after considering the nature of the offence and the amicable settlement between the concerned parties in m....
The court can quash non-compoundable offences after considering the nature of the offence and the amicable settlement between the concerned parties, especially in cases arising out of matrimonial dif....
The court can quash non-compoundable offences after considering the nature of the offence and the amicable settlement between the concerned parties, using inherent powers under section 482 of the Cod....
The court emphasized the use of inherent powers under section 482 of the Code to secure the ends of justice and prevent abuse of the process of any court, particularly in cases of amicable settlement....
The court can exercise inherent powers to quash FIRs in matrimonial disputes based on amicable settlements and mutual divorce decrees.
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