Back
DINESH KUMAR SHARMA
Ashok Malhotra – Appellant
Versus
State of NCT of Delhi – Respondent
JUDGMENT
Dinesh Kumar Sharma, J. (Oral)
CRL.M.A. 19329/2023 (exemption)
Exemption is allowed subject to all just exceptions.
Application stands disposed of.
CRL.M.C. 5088/2023
1. Present petition has been filed seeking quashing of case FIR No. 0077/2021 dated 12.03.2021 registered under Sections 420/468/471/34 IPC at PS Janak Puri and all other proceedings emanating therefrom. The said FIR was lodged on the complaint of respondent No.2 Heena Puri w/o Mr. Gaurav Puri alleging therein that the petitioners along with some other accused persons have hatched a criminal conspiracy and forged documents of her house and have forcibly occupied it.
2. Briefly stated that facts are that petitioner No. 1 is the brother of respondent No.2/complainant and petitioner No. 2 is the wife of petitioner No. 1 and sister-in-law of the respondent No.2/complainant. Petitioner No.1 and respondent No.2 have another sister namely Charu. Allegedly, the father of the petitioner No. 1 and respondent No.2 namely Shri Ramesh Malhotra purchased one property bearing House No. A5B/90B, Janak Puri, New Delhi on 29.09.1994 from their maternal uncle namely Shri Ravi Khanna for a sum of Rs.95,000/. Ravi Khanna executed a
The main legal point established in the judgment is that the High Court has the inherent power under Section 482 of the Code to quash criminal proceedings if the parties have amicably settled the dis....
The main legal point established in the judgment is the exercise of power under Section 482 of the Code to quash criminal proceedings based on a voluntary settlement between the parties, guided by th....
The central legal point established is the court's power to quash FIRs based on settlements and the importance of preventing the abuse of the court process.
The court emphasized the inherent power of the High Court under Section 482 of the Code to prevent abuse of the process of any court or to secure the ends of justice, particularly in cases involving ....
The main legal point established in the judgment is that once the terms of a settlement have been complied with, the parties are estopped from resiling from the settlement, and court proceedings shou....
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.
Amicable settlement and lack of desire to pursue the complaint can lead to the quashing of FIR and related proceedings.
The main legal principle established is the encouragement of amicable settlements in matrimonial disputes, as well as the voluntary nature of settlements and the absence of fear, force, or coercion.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
