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DINESH KUMAR SHARMA
Rajender Singh – Appellant
Versus
State (NCT of Delhi) Through Sho Chhawla – Respondent
JUDGMENT
Dinesh Kumar Sharma, J. (Oral)
CRL.M.A. 387/2023
Exemption allowed subject to just exceptions.
CRL.M.C. 94/2023
1. The present petition has been filed seeking quashing of case FIR No. 182/2017 under Sections 420/468/471/34 IPC registered at PS Chhawala, South-West Delhi.
2. The present FIR was lodged on the statement of complainant Vijay Kumari W/o Shri Rajender Singh alleging therein that on 18.06.2015 Rajender Singh has executed a registered gift deed in her favour after which she became the sole owner of the property. However, the complainant came to know that on 28.09.2016 that her late daughter Smt. Muklesh in conspiracy with Sh. Rajender Singh (husband of the complainant) got the gift deed executed in her favour in respect of 6 Biswas Khasra No. 25/26(0-05), 27(0-01) village Daulatpur Tehsil Kapashera. The complainant has alleged that this property has also been subject matter of the registered gift deed executed in her favour.
3. During the course of investigation Smt. Muklesh died on 29.11.2016 and The FIR was lodged pursuant to an under Section 156(3) Cr.P.C. The charge-sheet was also filed. Learned MM on 03.03.2022 took cognizance of the offence under Section 420/
The court may exercise inherent jurisdiction under Section 482 Cr.P.C. to quash criminal proceedings when a settlement between the parties would lead to better relations and no useful purpose would b....
The court may exercise its power under Section 482 Cr.P.C. to quash criminal proceedings when a settlement between the parties would lead to better relations and no useful purpose would be served by ....
The power to quash criminal proceedings based on a settlement between the parties depends on the facts and circumstances of each case, and the court must consider the nature and gravity of the crime,....
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 main legal point established in the judgment is that heinous and serious offences, especially those under Section 376 IPC, cannot be quashed based on a settlement between the parties, as they hav....
The central legal point established in the judgment is the exercise of inherent power under Section 482 Cr.P.C. to quash criminal proceedings based on an alleged settlement, with the aim of maintaini....
The main legal point established is that the court may exercise its power under Section 482 Cr.P.C. to quash proceedings when the chances of conviction are bleak and a settlement between the parties ....
High Courts can quash FIRs in matrimonial disputes when parties reach a mutual settlement, reinforcing the need to prevent procedural abuse and ensure 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.
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