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DINESH KUMAR SHARMA
Himanshu Singhal – Appellant
Versus
State (Nct) of Delhi – Respondent
JUDGMENT
Dinesh Kumar Sharma, J. (Oral)
CRL.M.A. 17004/2023 (Exemption) in CRL.M.C. 4442/2023
CRL.M.A. 16965/2023 (Exemption) in W.P.(CRL) 1833/2023
Exemptions are allowed subject to all just exceptions.
CRL.M.C. 4442/2023&W.P.(CRL) 1833/2023
1. These are two petitions are seeking quashing of cross FIR No. 336/2020 P.S. Dwarka South u/s 354/354B/323/506/509/34 IPCand FIR NO. 33/2021 P.S. RoopNagar u/s 498A/406/34 IPC.
2. FIR No.336/2020 was lodged on the statement of Mrs. Payal Bagadia wife of Himanshu Singhal against the petitioner No.1 and his familymembers on 16.08.2020.
3. Mrs. Payal Bagadia lodged a complaint before the CAW(Cell), PS Sabji Mandi, New Delhi against the petitioner No.1 and his family members on 12.06.2020 and on the basis of which the second FIR No. 33/2021 dated 21.01.2021 under Section 406/498A/34 IPC was registered.
4. Learned counsel for the petitioners submits that after detailed discussions and Mediation Sessions held by the Ld. Mediator with Petitioners and Respondent No.2 and their respective counsels on 18.04.2023, 20.04.2023, 25.04.2023 and01.05.2023, with the assistance of the Ld. Mediator and their respective counsels, both the parties voluntarily wit
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.
The main legal principle established is the encouragement of amicable settlements in matrimonial disputes, as well as the voluntary nature of settlements and the absence of fear, force, or coercion.
The main legal point established is that matrimonial disputes can be settled amicably, leading to the quashing of related criminal proceedings under the specified legal provisions.
The court can quash FIRs in matrimonial disputes when a compromise has been achieved, as encouraged by the Supreme Court.
Matrimonial disputes should be put to quietus if the parties have arrived upon a genuine settlement, and provisions of the Hindu Marriage Act, 1955, allow for divorce by mutual consent.
The court emphasized the exercise of inherent powers under section 482 of the Code to quash non-compoundable offences after considering the nature of the offences and the amicable settlement between ....
Courts can quash non-compoundable offences arising from matrimonial disputes if parties have reached an amicable settlement, exercising inherent powers under section 482 of the Code.
The court emphasized the power to quash FIRs in matrimonial disputes when parties reach an amicable settlement, prioritizing justice and resolution over prosecution.
The main legal point established in the judgment is the exercise of power under Section 482 of the Code to quash criminal proceedings based on a voluntary settlement between the parties, guided by th....
The importance of amicable settlements in matrimonial disputes and the court's power to quash proceedings under Section 482 of the Criminal Procedure Code.
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