Back
DINESH KUMAR SHARMA
Vikas Verma – Appellant
Versus
State – Respondent
JUDGMENT
Dinesh Kumar Sharma, J. (Oral)--The present petition has been filed seeking quashing of case FIR No. 340/2010, under Section 451/323/341/34 IPC registered at P.S. South Rohini. The chargesheet in the present case has been filed under section 323/341/452/506/34 IPC.
2. Facts of the case, in brief, are that Mr. Sandeep Verma and Mrs. Priyanka Verma were married to each other on 04.11.2003. However, some matrimonial dispute arose between them and they started living separately since 06.09.2010. The present FIR was lodged against the members of the family i.e., brothers and close relatives of wife Mrs. Priyanka Vermaon the statement of complainant Bal Kishan, who is the uncle of Mr Sandeep Verma.
3. Learned Counsel for the petitioners submit that the matter has been settled between Sandeep Verma and Priyanka Verma vide MOU dated 09.05.2022. In terms of the MOU it has been agreed between the parties that the Husband namely Sandeep Verma shall pay a sum of a sum of Rs.20,00,000/- (Rupees Twenty lakhs Only) to the wife namely Priyanka Verma onwards full and final settlement of all her claims including arrears of maintenance, past, present and future maintenance, Istridhan, perma
The central legal point established is that the power to quash criminal proceedings can be exercised when the parties have settled their dispute and continuation of the proceedings would be an abuse ....
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....
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 High Court can quash non-compoundable offences in matrimonial disputes if a compromise indicates a remote possibility of conviction, preventing abuse of process.
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 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 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.
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
