DINESH KUMAR SHARMA
Nitin Arora – Appellant
Versus
State of NCT of Delhi – Respondent
JUDGMENT
Dinesh Kumar Sharma, J. (Oral)
CRL.M.A. 18623/2023
Exemption allowed subject to just exceptions.
CRL.M.C. 4874/2023
1. The present petition filed seeking quashing of case FIR No. 396/2022 under Sections 498A/406/34 IPC registered at PS Jagat Puri, Shahdara.
2. Learned Counsel for the petitioner submits that Respondent no.2/complainant married petitioner no.1 on 29.05.2019 in accordance with the Hindu Rites and Ceremonies. There was no issue born out of the marriage. However, on account of irreconcilable and irretrievable issues, the parties started living separately and instituted multiple litigations against each other and their respective families including the present FIR.
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 24.09.2022 for obtaining mutual consent divorce and subsequently getting the FIR quashed. As per the settlement it has been agreed between the parties that the petitioner shall pay Rs.5,00,000/- (Rupees Five Lakhs Only) in full and final settlement of the entire dispute to respondent no. 2/complainant.
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.
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 exercise inherent powers to quash non-compoundable offences, especially in cases of matrimonial differences where parties have reached an amicable settlement.
The court can quash non-compoundable offences arising from matrimonial differences if the parties have reached an amicable settlement.
The court can exercise inherent powers to quash FIRs in matrimonial disputes based on amicable settlements and mutual divorce decrees.
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....
High Courts can quash non-compoundable offences in matrimonial disputes if parties reach an amicable settlement, as established in B.S. Joshi v. State of Haryana and other precedents.
The court emphasized the use of inherent powers under section 482 of the Code to secure the ends of justice and prevent abuse of the process of any court, particularly in cases of amicable settlement....
The court can quash non-compoundable offences after considering the nature of the offence and the amicable settlement between the concerned parties, using inherent powers under section 482 of the Cod....
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