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DINESH KUMAR SHARMA
Namita Singh – Appellant
Versus
State of Delhi – Respondent
JUDGMENT
Dinesh Kumar Sharma, J. (Oral)
1. The present petitions have been filed under section 482 Cr.P.C for quashing of cross FIRs bearing FIR No.147/2019 registered under sections 354/506 IPC and section 10 POCSO Act and FIR No. 152/2019 registered under sections 354/506 IPC and section 10 POCSO Act.
2. After investigation charge-sheets have also been filed in FIR 147/2019 under sections 323/354/506 IPC & 10 POCSO Act; FIR 152/2019 under sections 354/506 IPC and 10 POCSO Act.
3. Briefly stated facts of the case are that the FIRs were lodged by both the petitioners on behalf of their daughters and the allegations made therein were very distasteful.
4. It is submitted that now the parties have entered into a settlement vide Settlement/MoU dated 6th April 2022. The said MoU has been placed on record on following terms and conditions:
1. That both the parties have resolved all their disputes amicably, without any kind of pressure, coercion or threat from any quarter what-so-ever and it has been agreed between both the parties that they will live peacefully and will continue their cordial and friendly relations in future.
2. That both the parties have agreed that they shall approach
The court invoked its inherent power under Section 482 Cr.P.C to quash the FIRs on the plea that continuance thereof would merely be an abuse of process of law, considering the amicable settlement be....
The court has the discretion to quash criminal proceedings based on a settlement, especially in cases where there is a pre-existing familial or personal relationship, to prevent the abuse of the cour....
The court may exercise power under Section 482 Cr.P.C to quash proceedings when the offense is predominantly private and a settlement between the parties would lead to better relations and resolution....
The power under Section 482 Cr.P.C. should be exercised to secure the ends of justice and prevent abuse of the process of any court. The possibility of conviction being remote and bleak due to a sett....
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 inherent power of the High Court under Section 482 of the Code of Criminal Procedure to quash criminal proceedings in appropriate cases where the offender and victim have settled their dispute, w....
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.
The power to quash criminal proceedings based on a settlement between the parties depends on the facts and circumstances of each case, and the court must consider the nature and gravity of the crime,....
The court has the power under section 482 Cr.P.C. to quash proceedings when a settlement between parties would lead to better relations and no useful purpose is likely to be served by allowing a crim....
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