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DINESH KUMAR SHARMA
Vipin Gupta – Appellant
Versus
State Goverment of NCT of Delhi – Respondent
JUDGMENT
Dinesh Kumar Sharma, J. (Oral)
CRL.M.A. 19914/2023
Exemption allowed subject to just exceptions.
Application stands disposed of.
CRL.M.C. 5235/2023
1. The present petition has been filed seeking quashing of case FIR No. 640/2018 under Sections 498A/406/34 IPC and Section 4 of Dowry Prohibition Act registered at PS Seemapuri, District: Shahdara, Delhi.
2. Learned Counsel for the petitioner submits that Respondent no.2/complainant married petitioner no.1 on 11.11.2016 in accordance with the Hindu Rites and Ceremonies. No child was born out of the wedlock.
3. However, on account of temperamental differences and mental incompatibility, the parties started living separately since 27.11.2016 and instituted multiple litigations against each other and their respective families including the present FIR.
4. 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 21.02.2019 before the Delhi High Court Mediation Centre, Karkardooma Courts, Delhi.
5. As per the settlement it has been agreed between the parties that the petitioner shall p
The court can exercise inherent powers to quash proceedings based on an amicable settlement between the parties in matrimonial disputes.
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 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 quash criminal proceedings based on an amicable settlement between the parties, as per the inherent power under Section 482 Cr.P.C. and established legal principles.
The voluntary nature of the settlement, absence of fear, force, or coercion, and the desire of the parties to live peacefully were central to the court's decision to quash the FIR and related proceed....
The court emphasized the exercise of inherent powers under section 482 of the Code to quash non-compoundable offences after considering the nature of the offences and the amicable settlement between ....
The court can exercise its inherent powers under Section 482 of the Code to quash proceedings based on an amicable settlement between the parties, in order to secure the ends of justice and prevent a....
Amicable settlement through mediation can lead to the quashing of FIR and consequent proceedings.
The duty of courts to encourage amicable settlements in matrimonial disputes and the need for proper drafting of settlement deeds.
The main legal point established is that in cases of amicable settlement between the parties, the court may quash FIR and proceedings emanating therefrom to prevent abuse of the court's process.
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