Back
DINESH KUMAR SHARMA
Jannat Ansari – Appellant
Versus
State – Respondent
JUDGMENT
Dinesh Kumar Sharma, J. (Oral)
CRL.M.A. 22285/2022 (delay)
1. The present application has been moved seeking condonation of delay of 160 days in refilling the present petition.
2. For the reasons stated in the application, the delay of 160 days in refilling the present petition is condoned. Accordingly, the present application is allowed.
CRL.M.C. 5649/2022
3. The present petition has been filed under Section 482 Cr. PC seeking quashing of FIR No. 782/2015 registered at PS Amar Colony under Sections 354(A)(1)/354(D)/506 IPC.
4. Briefly stated facts of the case are that FIR was lodged on the statement of the prosecutrix itself. In the FIR it has been alleged that the petitioner-Jannat Ansari had been following her and had also caught her hand. It has also been alleged that petitioner also used attempt to kidnap her.
5. Learned counsel for the petitioner submits that the parties are closely related to each other and now amicably settled the matter vide MoU dated 20.04.2021 on the following terms and conditions:
1. That the amicable settlement between both the parties is without any kind of pressure, coercion or threat from any quarter whatsoever and after the amicable settl
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 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 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....
Courts may quash FIR and criminal proceedings based on settlement reached between the parties, considering the free will of the parties and the totality of facts and circumstances.
The court can exercise its inherent powers under section 482 of the Code to quash proceedings in the interest of complete justice and to prevent abuse of the process of the court, considering the for....
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.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
