DINESH KUMAR SHARMA
Pankaj Sharma – Appellant
Versus
State of NCT of Delhi – Respondent
JUDGMENT
Dinesh Kumar Sharma, J. (Oral)--The present petition has been filed under Section 482 Cr. PC seeking quashing of FIR No, 04/2012, dated 06/01/2012 registered under section 341/498A/406 IPC at PS Sagarpur, South West District, Delhi and all the proceedings emanating therefrom.
2. Learned Counsel for the petitioner submits that Respondent no.2/complainant married petitioner no.1 on 22.02.2022, in accordance with the Hindu Rites and Ceremonies in Delhi. One child was born out of the said wedlock namely Tanishk. However, on account of temperamental differences and mental incompatibility, the parties started living separately on 23.11.2008 and instituted litigation against each other. He also submits that the chargesheet, in this case, has already been filed and the matter is pending before the Learned Trial Court.
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 agreement dated 24.11.2021. As per the settlement it has been agreed between the parties that the petitioner shall pay a sum of Rs.32,00,000/- (Thirty-Two Lakhs Only) as a ful
Courts may exercise inherent powers to quash non-compoundable offences arising from matrimonial disputes if the parties have reached an amicable settlement, as established in previous judgments.
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 exercise its inherent powers to quash FIR and proceedings based on amicable settlement in matrimonial disputes, as established in B.S. Joshi v. State of Haryana and K. Srinivas Rao v. D....
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 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.
Exercise of 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 parties in m....
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 central legal point established in the judgment is the court's authority to quash non-compoundable offences based on amicable settlements in matrimonial disputes, as provided under section 482 of....
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 non-compoundable offences arising from matrimonial differences if the parties have reached an amicable settlement.
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