Back
ANOOP KUMAR MENDIRATTA
Noushad @ Nazim – Appellant
Versus
State NCT of Delhi – Respondent
JUDGMENT
Anoop Kumar Mendiratta, J. (Oral)
CRL.M.A. 2119/2024
Exemption allowed, subject to just exceptions.
Application stands disposed of.
CRL.M.C. 537/2024
1. Petition has been preferred on behalf of the petitioners under Section 482 Cr.P.C for quashing of FIR No. 529/2019 under Sections 498A/406/34 IPC & Section 4 of Dowry Prohibition Act, registered at P.S.: Karawal Nagar and proceedings emanating therefrom.
2. Issue notice. Learned APP for the State/respondent No.1 and 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 Muslim rites and ceremonies on 26.05.2013. Two children were born out of the wedlock. Due to temperamental differences, respondent No.2 and petitioner No.1 could not live together and on the basis of complaint of respondent No.2, present FIR was registered.
4. The matter is stated to have been mutually settled between the parties with the interevention of family members and well wishers in terms of settlement deed dated 09.05.2023 and are residing together since June, 2020.
5. Learned APP for the State submits that in view o
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 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 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 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....
The court can exercise inherent powers to quash proceedings based on an amicable settlement between the parties in matrimonial disputes.
Amicable settlement through mediation can lead to the quashing of FIR and consequent proceedings.
The court held that amicable settlements between parties substantiate grounds for quashing FIRs in dowry-related cases to prevent unnecessary legal proceedings.
The court has the discretion to quash an FIR and related proceedings based on an amicable settlement between the parties, where it deems that no useful purpose would be served by continuing with the ....
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.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
