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DINESH KUMAR SHARMA
Piyush Jain – Appellant
Versus
State – Respondent
JUDGMENT
Dinesh Kumar Sharma, J. (Oral)
CRL.M.A. 11658/2023 (exemption)
Exemption is allowed subject to all just exceptions.
Application stands disposed of.
CRL.M.C. 3117/2023
1. The present petition has been filed under section 482 Cr.P.C. seeking quashing of FIR No. 61/2019 registered under section 498A/406/34 IPC at PS Shahdara.
2. Briefly stated facts of the case are that Petitioner No.1/Husband and Respondent No.2/Wife got married on 12.11.2006 according to Hindu rites and ceremonies. There is no child born out this wedlock. Due to temperamental differences the parties are living separately since April 2016. Thereafter, Respondent No.2 got lodged the present FIR No.61/2019.
3. However, it is submitted that now the parties have reached at an amicable settlement vide MoU/Settlement Deed dated 21.05.2022 and thus, the present FIR may be quashed.
4. Learned Counsel has handed over the MoU in court. Let the same be brought on record.
5. The terms and conditions of the MoU/Settlement Deed dated 21.05.2022 are as follows:
"1. The both the parties will move an application or file a petition for mutual divorce before the concerned Court and First Party shall also move applications for w
The court has the inherent power under Section 482 Cr.P.C. to quash proceedings if the parties have settled the matter amicably, especially in matrimonial disputes.
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....
Courts should encourage amicable settlements in matrimonial disputes and may exercise inherent power to quash proceedings under Section 482 Cr.P.C.
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....
The importance of amicable settlements in matrimonial disputes and the court's power to quash proceedings under Section 482 of the Criminal Procedure Code.
Courts may exercise inherent powers to quash non-compoundable offences arising from matrimonial disputes if the parties have reached an amicable settlement, as established in previous judgments.
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 central legal point established in the judgment is the court's authority to quash non-compoundable offences based on amicable settlements in matrimonial disputes, as provided under section 482 of....
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.
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