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ANOOP KUMAR MENDIRATTA
Amit Kumar Sharma – Appellant
Versus
State of NCT of Delhi – Respondent
JUDGMENT
Anoop Kumar Mendiratta, J. (Oral)
CRL.M.A. 6122/2024
Exemption allowed, subject to just exceptions.
Application stands disposed of.
CRL.M.C. 1566/2024
1. Petition under Section 482 of the Code of Criminal Procedure, 1973 (`Cr.P.C.') has been preferred on behalf of the petitioners for quashing of FIR No. 756/2021, under Sections 498A/406/506/34 IPC and Section 4 of Dowry Prohibition Act, registered at P.S.: Welcome and proceedings emanating therefrom.
2. Issue notice. Learned APP for the State and learned counsel for respondent No.2 (through VC) alongwith respondent No.2 in person appear on advance notice and accept notice.
3. In brief, as per the case of the petitioners, marriage between petitioner No. 1 and respondent No. 2 was solemnized according to Hindu rites and ceremonies on 08.12.2019. No child was born out of the wedlock. Due to temperamental differences, respondent No.2 and petitioner No.1 started living separately. Present FIR was registered on the complaint of respondent No. 2.
4. The matter has been amicably settled between the parties vide Settlement Deed dated 09.11.2023. The first motion of divorce by way of mutual consent is stated to have been allowed on 19.12.202
The main legal point established is that in cases of amicable settlement between the parties, the court may quash FIR and proceedings emanating therefrom to prevent abuse of the court's process.
The court can quash an FIR under Section 482 Cr.P.C if the matter has been amicably settled between the parties and no useful purpose would be served by keeping the case pending.
The court has the discretion to quash FIR and proceedings when the matter has been amicably settled between the parties and keeping the case pending would serve no useful purpose.
The court has the power to quash FIRs under Section 482 of the Code of Criminal Procedure when the matter has been amicably settled between the parties and keeping the case pending would serve no use....
The central legal point established in the judgment is that an amicable settlement between the parties, coupled with the absence of objection from the State, can be grounds for quashing an FIR.
The court has the discretion to quash FIR and proceedings if the matter has been amicably settled between the parties and no useful purpose would be served by keeping the case pending.
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 has the discretion to quash FIRs in cases where the matter has been amicably settled between the parties, and keeping the case pending would serve no useful purpose.
The court has the discretion to quash an FIR if the matter has been amicably settled between the parties and keeping the case pending would serve no useful purpose.
The court can exercise inherent powers to quash proceedings based on an amicable settlement between the parties in matrimonial disputes.
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