Back
DINESH KUMAR SHARMA
Praveen Arora – Appellant
Versus
State (Govt. of NCT of Delhi) – Respondent
JUDGMENT
Dinesh Kumar Sharma, J. (Oral)
CRL.M.A. 20138/2022 (exemption)
Exemption is allowed subject to all just exceptions.
Application stands disposed of.
CRL.M.C. 5041/2022
1. The present petition has been filed for quashing of FIR No. 0245/2018 dated 04.07.2018 registered under Sections 498A/406/34 IPC at PS Moti Nagar, New Delhi. The said FIR was lodged at the complaint of the respondent No.2/wife. Chargesheet has been filed under sections 498A/406/354A/354D/34 IPC.
2. Facts in brief are that the marriage between the petitioner No.1 namely Mr. Praveen Arora and Respondent No.2/complainant was solemnized on 27.04.2015 as per Hindu Rites and Customs at Delhi. No child was born out of this wedlock. Thereafter owing to temperamental differences both the parties started residing separately since 2017. Consequently, respondent no. 2/complainant lodged a complaint in Women Cell, Subzi Mandi against the petitioners herein. On the basis of which, the present FIR came to be registered. The respondent No.2/complainant filed an application u/s 12 Protection of Women from Domestic Violence Act, 2005 which is pending adjudication before the Ld. MM., West District, Tis Hazari Courts, Delhi.
3.
Genuine settlements in matrimonial disputes should be given importance, and the court may quash FIRs and their proceedings based on such settlements.
Matrimonial disputes should be put to quietus if the parties have arrived upon a genuine settlement.
Matrimonial disputes should be put to quietus if the parties have arrived upon a genuine settlement, as established in B.S. Joshi v. State of Haryana, (2003)4 SCC 675; K. Srinivas Rao v. D.A. Deepa, ....
Matrimonial disputes should be put to rest if the parties have arrived at a genuine settlement and obtained a divorce by mutual consent.
The court can exercise inherent powers under section 482 of the Code to quash non-compoundable offences, especially in cases of amicable settlement in matrimonial differences.
Matrimonial disputes should be put to quietus if the parties have arrived upon a genuine settlement.
Matrimonial disputes should be put to quietus if the parties have arrived upon a genuine settlement, and the court should ensure that the settlement is voluntary and without coercion.
In matrimonial matters, genuine settlement and mutual divorce can be valid grounds for quashing FIR and proceedings.
Matrimonial disputes should be put to quietus through genuine settlements, and continuing with the FIR may serve no useful purpose if the parties have amicably resolved their disputes.
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....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
