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DINESH KUMAR SHARMA
Raju – Appellant
Versus
State Govt. of N.C.T of Delhi – Respondent
| Table of Content |
|---|
| 1. quashing of firs due to mutual settlements. (Para 1 , 2 , 3 , 4 , 5) |
| 2. inherent powers of high court under section 482 cr.p.c. (Para 6 , 7 , 8 , 9) |
| 3. case disposed of and fir quashed. (Para 10 , 11) |
JUDGMENT
Dinesh Kumar Sharma, J. (Oral)
CRL.M.A. 39/2023 (Exemption)
Exemption is allowed subject to all just exceptions.
CRL.M.C. 14/2023
1. The present petition has been filed seeking quashing of FIR No. 377/2018 registered at PS Mayur Vihar under Sections 498A/406/34 IPC.
2. Brief facts of the case are that petitioner no. 1 was married to respondent no. 2/complainant namely Ms. Ankita on 15th February, 2015. No child was born out of this wedlock. However, owing to temperamental differences both parties started residing separately since11th March, 2018. Subsequently, on 10.10.2018, F.I.R. No.377/2018 under section 498A/406/34 IPC, P.S. Mayur Vihar Ph-I, District East, Delhi was registered against the petitioners on the basis of the complaint filed by respondent no.2.
3. Learned Counsel for the petitioner has sought to quash of the above mentioned FIR on the ground that during the pendency of the divorce proceedings, respondent no. 2/complainant along with the p
High Courts can quash FIRs in matrimonial disputes when parties reach a mutual settlement, reinforcing the need to prevent procedural abuse and ensure justice.
The power of the High Courts to quash FIRs, the nature of offences that can be quashed based on compromise, and the influence of previous judgments on the court's decision.
High Courts can quash non-compoundable offences in matrimonial disputes if parties reach an amicable settlement, as established in B.S. Joshi v. State of Haryana and other precedents.
The importance of amicable settlements in matrimonial disputes and the court's power to quash proceedings under Section 482 of the Criminal Procedure Code.
Courts may exercise inherent powers to quash non-compoundable offences arising from matrimonial disputes if the parties have reached an amicable settlement, as established in previous judgments.
The voluntary and amicable nature of a settlement in cases arising from matrimonial differences can be a basis for quashing non-compoundable offences under relevant legal provisions.
The court can quash non-compoundable offences arising from matrimonial differences if the parties have reached an amicable settlement.
The court has the inherent power under Section 482 Cr.P.C. to quash proceedings if the parties have settled the matter amicably, especially in matrimonial disputes.
Exercise of 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 concerned parties in m....
The court emphasized the use of inherent powers under section 482 of the Code to secure the ends of justice and prevent abuse of the process of any court, particularly in cases of amicable settlement....
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