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DINESH KUMAR SHARMA
Rahul Sapra – Appellant
Versus
State Govt. of NCT of Delhi – Respondent
JUDGMENT
Dinesh Kumar Sharma, J. (Oral)
CRL.M.A. 11536/2023 (exemption)
Exemption is allowed subject to all just exceptions.
Application stands disposed of.
CRL.M.C. 3070/2023
1. Present petition has been filed seeking quashing of FIR No. 0324/2018 dated 16.07.2018 registered under Sections 498A/406/34 IPC at PS Shakarpur, East Delhi. The said FIR was lodged on the statement of respondent No.2/wife against the petitioners herein.
2. Facts in brief are that the marriage between petitioner No. 1/husband and respondent No. 2/complainant - wife was solemnized on 08.12.2016 as per Hindu rites and customs at Delhi. No child was born out of the wedlock. Thereafter owing to temperamental differences both the parties started residing separately since 03.12.2017. Consequently, respondent No. 2/complainant lodged the present FIR against the Petitioners herein. It has been submitted that apart from the present FIR, the respondent No.2/complainant had also filed a complaint u/s 12, DV Act and a petition u/s 125 Cr.P.C. Moreover, petitioner No.3 namely Neena Sapra who is the mother of petitioner No.1 had also lodged FIR No. 138/2018 u/s 323/341/506/504/34 IPC at PS Farash Bazaar, Delhi against the
The importance of amicable settlements in matrimonial disputes and the court's power to quash proceedings under Section 482 of the Criminal Procedure Code.
In matrimonial matters, genuine settlements between parties should lead to the quashing of FIRs, as established by relevant case law.
The court can exercise inherent powers under section 482 of the Code to quash non-compoundable offences, especially in cases of amicable settlement in matrimonial differences.
Matrimonial disputes should be put to rest if the parties have arrived at a genuine settlement and obtained a divorce by mutual consent.
Matrimonial disputes should be put to rest if the parties have arrived at a genuine settlement.
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.
In matrimonial matters, genuine settlement and mutual divorce can be valid grounds for quashing FIR and proceedings.
In matrimonial matters, genuine settlements should be respected, and cases arising from such disputes should be put to rest if the parties have arrived at a genuine settlement.
The court can exercise inherent powers to quash FIRs in matrimonial disputes based on amicable settlements and mutual divorce decrees.
Matrimonial disputes should be put to rest if a genuine settlement has been reached by the parties.
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