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JYOTI SINGH
Nipun Mehra – Appellant
Versus
State Govt. of NCT of Delhi – Respondent
JUDGMENT
Jyoti Singh, J. (Oral)
CRL.M.A. 25791/2023 (exemption)
1. Allowed, subject to all just exceptions.
2. Application stands disposed of.
CRL.M.C. 6900/2023
3. By this petition filed under Section 482 Cr.P.C., Petitioners seek quashing of FIR No. 328/2019 dated 05.06.2019, under Sections 498A/406/34 IPC, PS New Ashok Nagar, Delhi as well as all other consequential proceedings emanating therefrom in view of the settlement arrived at between Petitioner No. 1/Mr. Nipun Mehra and Respondent No. 2/Ms. Shweta Singh Chauhan. Petitioner No. 2 is the father of Petitioner No. 1 while Petitioner No. 3 is the mother.
4. Marriage between Petitioner No. 1 and Respondent No. 2 (hereinafter collectively referred to as `parties') was solemnized on 17.01.2016 as per Hindu rites and customs. No child is born out of the wedlock. Due to temperamental differences and certain other reasons, parties have been residing separately since 01.05.2018. Respondent No. 2 (Complainant) lodged an FIR against all the Petitioners herein, which was registered as FIR No. 328/2019. Respondent No. 2 also filed a complaint under Section 12 of the Protection of Women from Domestic Violence Act, 2005 (DV Act) and a petition
The power of the High Court to quash criminal proceedings in cases of private nature and genuine settlements of matrimonial disputes.
The main legal principle established in the judgment is the court's discretion to quash criminal proceedings in cases of matrimonial disputes, emphasizing the need to encourage genuine settlements an....
High Courts can quash FIRs in matrimonial disputes when parties amicably settle, as continuance would lead to abuse of judicial process and not serve the ends of justice.
The court emphasized the power to quash FIRs in matrimonial disputes when parties reach an amicable settlement, prioritizing justice and resolution over prosecution.
The main legal point established in the judgment is the court's authority to quash criminal proceedings and FIR under Section 482 of the Code of Criminal Procedure, especially when the parties have a....
The court held that in matrimonial disputes where parties have reached an amicable settlement, continuation of criminal proceedings is an abuse of process and not in the interest of justice.
The main legal point established in the judgment is the court's authority to exercise inherent powers under Section 482 of the Code of Criminal Procedure to quash criminal proceedings, emphasizing th....
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