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DINESH KUMAR SHARMA
Arshpreet Singh – Appellant
Versus
State – Respondent
JUDGMENT
Dinesh Kumar Sharma, J. (Oral)
CRL.M.A. 22941/2023 (exemption)
Exemption is allowed subject to all just exceptions.
Application stands disposed of.
W.P.(CRL) 2435/2023 & CRL.M.A. 22940/2023 STAY
1. The present petition has been filed for quashing of FIR No.0442 dated 14.07.2020 registered under Section 498A/406/34 IPC at PS Bharat Nagar. The said FIR was lodged on the complaint of respondent No. 2/wife against 4 accused persons namely;Arshpreet Singh/Husband, Amarjit Singh/Father-in-law, Rajni Kaur/Mother-in-law and Deeplyot Kaur/Sister-in-law. However, only 3 of those accused persons named in the FIR have been made party in the present petition i.e. Arshpreet Singh, Amarjit Singh and Rajni Kaur. It has been submitted that the present quashing is being sought only qua the 3 petitioners herein.
2. Learned Counsel for the petitioner submits that Respondent no.2/complainant married petitioner no.1 on 08.03.2019in accordance with the Hindu Rites and Ceremonies. However, it has been submitted that, on account of temperamental differences and mental incompatibility, the parties started living separately and instituted multiple litigations against each other and their respective fam
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.
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.
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 exercise inherent powers to quash FIRs in matrimonial disputes based on amicable settlements and mutual divorce decrees.
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 exercise 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 parties.
The court can quash non-compoundable offences after considering the nature of the offence and the amicable settlement between the parties, in line with the principles established in previous cases.
The court's decision was based on the amicable settlement, dissolution of marriage by mutual consent, and the nature of the offence under the Hindu Marriage Act, 1955.
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.
Matrimonial disputes should be put to quietus if the parties have arrived upon a genuine settlement, and provisions of the Hindu Marriage Act, 1955, allow for divorce by mutual consent.
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