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IN THE HIGH COURT OF DELHI AT NEW DELHI
NEENA BANSAL KRISHNA
Priyank Sukhija S/o Sh. Yashpal Ashok – Appellant
Versus
State Through Secretary Govt. of NCT of Delhi – Respondent
| Table of Content |
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| 1. petition for quashing fir under mutual settlement. (Para 1 , 2) |
JUDGMENT :
NEENA BANSAL KRISHNA, J.
1. Petition under Section 482 of the Code of Criminal Procedure , 1973 (hereinafter referred to as “Cr.P.C.”) has been filed by the Petitioner seeking quashing of FIR No.21/2010 dated 10.02.010 under Sections 498A /406/34 Indian Penal Code , 1860 (hereinafter referred to as “IPC”), registered at Police Station Crime (Women) Cell, Nanakpura and all the proceedings emanating therefrom.
2. Briefly stated, Petitioner No.1/Priyank Sukhija got married to Respondent No.2/Divya Mehta on 16.02.2001 according to Hindu customs and rites. Some disputes arose between the parties which resulted in filing of a Complaint under Sections 498A/406/34 IPC by Respondent No.2 which resulted in FIR No.21/2010 on 10.02.2010.
3. With the intervention of friends and relatives, both the parties decided to resolve their disputes amicably and accordingly arrived at a Settlement dated 05.12.2011. In terms of the Settlement, they filed their first motion Petition for Divorce by way of Mutual Consent under Section 13(B)(1) HMA, 1955 which was allowed by the learned ADJ vide Order dated 13.03.2012. In
The court affirmed that a mutual settlement in a divorce case, accepted voluntarily, can lead to the quashing of related FIRs under IPC.
The court can exercise inherent powers under section 482 of the Code to quash non-compoundable offences, especially in cases of amicable settlement in matrimonial differences.
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.
Matrimonial disputes should be put to quietus through genuine settlements, and continuing with the FIR may serve no useful purpose if the parties have amicably resolved their disputes.
Matrimonial disputes should be put to rest through genuine settlements, and the rights of children born out of the wedlock should be protected.
The central legal point established in the judgment is the court's authority to quash non-compoundable offences based on amicable settlements in matrimonial disputes, as provided under section 482 of....
Matrimonial disputes should be put to rest if the parties have arrived at a genuine settlement.
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 can exercise inherent powers under Section 482 of the Code to quash FIRs in matrimonial disputes if the parties have reached an amicable settlement.
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