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DINESH KUMAR SHARMA
Firoz Khan – Appellant
Versus
State of NCT of Delhi – Respondent
JUDGMENT
Dinesh Kumar Sharma, J. (Oral)
CRL.M.A. 17072/2023 (Exemption)
Exemption is allowed subject to all just exceptions.
CRL.M.C. 4455/2023
1. The present petition has been filed under Section 482 Cr. PC seeking quashing of FIR No. 109/2019 registered at PS Welcome under Sections 498A/406/34 IPC and Section 4 of the Dowry Prohibition Act, 1961.
2. Learned Counsel for the petitioner submits that Respondent no.2/complainant married petitioner no.1 on 17.04.2011 in accordance with the Muslim customs and Ceremonies. However, on account of temperamental differences and mental incompatibility, the parties started living separately and instituted multiple litigations against each other and their respective families including the present FIR. There are three children both out of the wedlock. Both the parties state that they are residing together since for the last three years.
3. Parties have reached on settlement dated 10.04.2023 with following terms and conditions:
I. The settlement between the Parties envisages resolution of all disputes/differences. The Parties agree that with the due implementation of their respective obligations under the present Settlement Agreement, there shall n
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....
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.
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 court can exercise inherent powers to quash proceedings based on an amicable settlement between the parties in matrimonial disputes.
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 can quash an FIR under Section 482 Cr.P.C if the matter has been amicably settled between the parties and no useful purpose would be served by keeping the case pending.
The duty of courts to encourage amicable settlements in matrimonial disputes and the need for proper drafting of settlement deeds.
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 ....
Matrimonial disputes should be put to quietus if the parties have arrived upon a genuine settlement, as established in previous judgments.
Courts should encourage amicable settlements in matrimonial disputes and may quash related proceedings if the parties have voluntarily settled the matter.
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