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DINESH KUMAR SHARMA
Vikas Gupta – Appellant
Versus
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 No 246/2019, dated 24/05/2019 registered under section 498A/406/34 IPC and 3/4 DPA(Dowry Prohibition Act) at PS Bhajan Pura, Delhi and all the proceedings emanating therefrom.
2. Learned Counsel for the petitioner submits that Respondent no.2/complainant married petitioner no.1 on 05.12.2015, in accordance with the Hindu Rites and Ceremonies in Delhi. One child was born out of the said wedlock namely Bhavya. However, on account of temperamental differences and mental incompatibility, the parties started living separately on 25.06.2021 and instituted litigation against each other.
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 24.05.2022. As per the settlement it has been agreed between the parties that the petitioner shall pay a sum of Rs.15,00,000/- (Fifteen Lakhs Only) as a full and final settlement, Out of which Rs 13,00,000/- (Thirteen Lakhs only) has been paid and today demand draft Rs. 2,0
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 exercise inherent powers to quash proceedings based on an amicable settlement between the parties in matrimonial disputes.
The main legal point established is that matrimonial disputes can be settled amicably, leading to the quashing of related criminal proceedings under the specified legal provisions.
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 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 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....
Courts should encourage amicable settlements in matrimonial disputes and may quash related proceedings if the parties have voluntarily settled the matter.
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....
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 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.
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