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DINESH KUMAR SHARMA
Wasim – Appellant
Versus
State – Respondent
JUDGMENT
Dinesh Kumar Sharma, J. (Oral)
1. The present petition has been filed under Section 482 Cr.P.C. seeking the quashing of FIR No. 472/2017 registered at P.S. Khajoori Khas, under Section 498A, 406 of IPC, pursuant to a settlement between the petitioners and the Respondent no. 2.
2. Learned Counsel for the petitioner submits that Respondent no.2/complainant married petitioner no.1 on 28/01/2015 in accordance with the Muslim Rites and Ceremonies. From this wedlock a girl child namely Baby Iza Ansari was born on 26.10.2015. However, on account of misunderstandings, various differences, and mental incompatibility, the parties started living separately in November 2015. The Respondent no 2 registered a complaint in the CAW cell on which the current FIR no 472/2017 was registered against the petitioners.
3. Learned Counsel further submits that during the pendency of the proceedings, the parties have resolved their disputes amicably, and in furtherance thereof, they have entered into a settlement deed dated 30/09/2019. In terms of the settlement, out of the total amount of Rs.1,20,000/, the remaining payment of Rs. 20,000/- (Rupees seventy-four thousand) in cash has been made
The main legal point established is that the inherent powers under section 482 of the Code can be exercised to quash non-compoundable offenses after considering the nature of the offense and the amic....
The court can quash non-compoundable offences after considering the nature of the offence and the amicable settlement between the parties, in line with the principles established in previous cases.
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.
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 importance of amicable settlements in matrimonial disputes and the court's power to quash proceedings under Section 482 of the Criminal Procedure Code.
The court can exercise inherent powers to quash FIRs in matrimonial disputes based on amicable settlements and mutual divorce decrees.
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 court can exercise its inherent powers under section 482 of the Code to quash non-compoundable offences if the parties have reached an amicable settlement and there is no purpose in continuing wi....
The court can exercise inherent powers under section 482 of the Code to quash non-compoundable offences after considering the nature of the offence and the amicable settlement between the concerned p....
Matrimonial disputes should be put to rest through genuine settlements, and the rights of children born out of the wedlock should be protected.
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