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DELHI HIGH COURT
DINESH KUMAR SHARMA
Imran – Appellant
Versus
State (NCT of Delhi) – Respondent
| Table of Content |
|---|
| 1. filing of fir in matrimonial dispute. (Para 1 , 2) |
| 2. settlement agreement and its implications. (Para 3 , 4) |
| 3. high court's powers under section 482 crpc. (Para 5 , 6 , 11) |
| 4. encouragement of amicable settlements in marriage. (Para 7 , 8 , 10) |
| 5. quashing of fir based on amicable resolution. (Para 9 , 12 , 13 , 14) |
JUDGMENT
Dinesh Kumar Sharma, J. (Oral)
1. The present petition has been filed under section 482 Cr.P.C. seeking quashing of FIR No. 0315/2022 under Sections 498A/406/34 IPC registered at P.S. Shaheen Bagh lodged on the compliant of the respondent No.2/wife.
2. Facts in brief are that the marriage between the petitioner No. 1 (husband) and respondent No. 2 (wife) was solemnized on 04.04.2016 as per Muslim rites and customs in Delhi and two children out of the wedlock were born. However, owing to temperamental differences both the parties started residing separately since June 2021. Subsequently, respondent No. 2 (wife) got registered FIR No. 0315/2022 dated 25.08.2022 under Sections 498A/406/34 IPC at P.S. Shaheen Bagh, against the Petitioners herein. Chargesheet has not yet been filed and petitioners have not received any summons/notices from any c
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 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.
In the exercise of power under Section 482 and while dealing with a plea that the dispute has been settled, the High Court must have due regard to nature and gravity of offence. Heinous and serious o....
Cruelty - Saving inherit powers of High Court: Criminal Proceedings or FIR or complaint can be quashed under section 482 Cr.P.C. in appropriate cases in order to meet ends of justice. Even in non-com....
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 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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