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DINESH KUMAR SHARMA
Suresh – Appellant
Versus
State NCT of Delhi – Respondent
JUDGMENT
Dinesh Kumar Sharma, J. (Oral)--The present petitioner has been filed under Section 482 Cr. PC seeking quashing of FIR NO. 0078/2020 registered at PS Harsh Vihar under Sections 498A/406/34 IPC and Section 4 Dowry Prohibition Act, 1961.
2. Facts, in brief, are that Petitioner No.1 Suresh and respondent No. 2/complainant Sarita got married on 29.11.2017 according to Hindu rites and customs. No child was born out of this wedlock. Thereafter marital differences cropped up between the parties and the parties started living separately from 08.04.2018. Subsequently, respondent No.2 lodged the complaint against the petitioners in the Crime Against Women Cell, Delhi and FIR No. 0078/2020 registered at PS Harsh Vihar under Sections 498A/406/34 IPC and Section 4 Dowry Prohibition Act, 1961 against the petitioners.
3. Learned Counsel for the petitioner submits that pursuant to the intervention of respectable persons and well-wishers, the matrimonial disputes and differences between have been settled. Attention has been drawn to the settlement deed dated 10.03.2021 executed between the parties wherein it has been agreed that petitioner No.1 and respondent No.2 will get their marriage
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 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.
Matrimonial disputes should be put to rest if the parties have arrived at a genuine settlement, as established in previous judgments.
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.
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....
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.
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 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 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....
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