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DINESH KUMAR SHARMA
Chander Shekhar – Appellant
Versus
State Through Sho – Respondent
JUDGMENT
Dinesh Kumar Sharma, J. (Oral)
CRL.M.A. 14102/2023
Exemption allowed subject to just exceptions.
CRL.M.C. 3730/2023
1. The present petition has been filed seeking the quashing of case FIR No. N0.325/2016 under Section 323/325/452/354B/506/509/34 IPC registered at P.S. Bindapur.
2. Learned counsel for the petitioner submits that the present FIR was lodged on the statement of respondent no.2 alleging that petitioners entered the house of the complainant/respondent no. 2 and physically assaulted and give beatings to respondent no.2 and her family members. He submits that in fact, the petitioner herein had previously filed various complaints against respondent no. 2 and was also summoned for the offence punishable under Section 354 IPC. However, it has been submitted that during the pendency of this petition, the matter was referred to the mediation centre and at the mediation centre the parties entered into a memorandum of understanding dated 28.03.2018 on the following terms and conditions:
"1. That it has been agreed between the parties to this MOU that first party (jointly & severely) will pay a sum of Rs.30,000/- (thirty thousand) to the second party as full and final settle
The court may exercise power under section 482 Cr.P.C. for quashing the proceedings based on a settlement agreement and may impose constructive measures on the parties.
The court has the power to quash criminal proceedings on the ground of a settlement, considering the private nature of the dispute and the amicable settlement reached by the parties.
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, ....
The court has the power to quash criminal proceedings under section 482 Cr.P.C. when the chances of conviction are bleak and a settlement between the parties would lead to better relations.
The main legal point established is that the court may exercise power under section 482 Cr.P.C. for quashing proceedings when the chances of conviction are bleak and a settlement between the parties ....
A voluntary settlement reached through mediation between parties serves as a basis for quashing criminal proceedings under IPC sections related to matrimonial disputes.
Cases arising from matrimonial differences should be put to rest if parties reach an amicable settlement, and the nature of injuries and circumstances should be considered in determining the quashabi....
The main legal principle established in the judgment is the exercise of inherent powers under section 482 of the Code to quash proceedings and the precedent that cases arising out of matrimonial diff....
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