DINESH KUMAR SHARMA
Nitesh Sharma – Appellant
Versus
State GNCT Delhi – Respondent
JUDGMENT
Dinesh Kumar Sharma, J. (Oral)
CRL.M.A. 20245/2022 (exemption)
Exemption is allowed subject to all just exceptions.
CRL.M.C. 5064/2022
1. The present petition has been filed under Section 482 Cr. PC seeking quashing of FIR No. 179/2016 registered at PS Jyoti Nagar under Section 498A/406/34 IPC and section 3/4 Dowry Prohibition Act, 1961 on the statement of Ms. Maushmi Chauhan.
2. Learned Counsel for the petitioner submits that Respondent no.2/complainant married petitioner no.1 on 16.01.2014 in accordance with the Hindu Vedic Rites and Ceremonies at Arya Samaj Mandir. A female child `Niharika' was also born out of the wedlock on 22.11.2014. However, on account of temperamental differences and mental incompatibility, the parties started living separately and instituted multiple litigations against each other and their respective families including the present FIR. He submits that the chargesheet, in this case, has already been filed and the matter is pending before the Learned MM, Karkardooma Courts, New Delhi.
3. Learned Counsel further submits that during the pendency of the proceedings, the parties have resolved their disputes amicably with efforts of elders and relatives
The court emphasized the importance of amicable settlements in matrimonial disputes and the exercise of inherent powers under section 482 of the Code to secure the ends of justice.
The voluntary nature of the settlement, absence of fear, force, or coercion, and the desire of the parties to live peacefully were central to the court's decision to quash the FIR and related proceed....
The court can exercise inherent powers to quash proceedings based on an amicable settlement between the parties in matrimonial disputes.
The court can quash criminal proceedings based on an amicable settlement between the parties, as per the inherent power under Section 482 Cr.P.C. and established legal principles.
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 emphasized the exercise of inherent powers under section 482 of the Code to quash non-compoundable offences after considering the nature of the offences and the amicable settlement between ....
The court can exercise its inherent powers under Section 482 of the Code to quash proceedings based on an amicable settlement between the parties, in order to secure the ends of justice and prevent a....
Amicable settlement through mediation can lead to the quashing of FIR and consequent proceedings.
The main legal point established is that in cases of amicable settlement between the parties, the court may quash FIR and proceedings emanating therefrom to prevent abuse of the court's process.
The court can quash an FIR under Section 482 Cr.P.C if the matter has been amicably settled between the parties and no useful purpose would be served by keeping the case pending.
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