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DINESH KUMAR SHARMA
Sanjay – Appellant
Versus
State (Govt. of NCT of Delhi) – Respondent
JUDGMENT
Dinesh Kumar Sharma, J. (Oral)
1. The present petition has been filed under Section 482 Cr. PC seeking quashing of FIR No310/2021, dated 13/08/2021registered under section 498A/406/34 IPC at PS: Tigri (South) Delhi and all the proceedings emanating therefrom.
2. Learned Counsel for the petitioner submits that Respondent no.2/complainant married petitioner no.1 on 12.12.2018, in accordance with the Hindu Rites and Ceremonies in Delhi. One child was born out of the said wedlock namely Priyanshi. However, on account of temperamental differences and mental incompatibility, the parties started living separately on 14.01.2020 and instituted litigation against each other. He submits that the chargesheet in this matter has already been filed and is pending before Ld MM. Anuradha Prasad, Saket Court, New Delhi.
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 28.09.2021. As per the settlement it has been agreed between the parties that the petitioner shall pay a sum of Rs.7,00,000/- (Seven Lakhs Only) as a full and final s
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 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 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.
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 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....
The court can exercise inherent powers under Section 482 of the Code to quash FIRs in matrimonial disputes if the parties have reached an amicable settlement.
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 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....
The court can quash non-compoundable offences arising from matrimonial differences if the parties have reached an amicable settlement.
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