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DINESH KUMAR SHARMA
Hari Niwas – Appellant
Versus
State (Govt. of NCT of Delhi) – Respondent
JUDGMENT :
DINESH KUMAR SHARMA, J.
1. Present petition has been filed seeking quashing of FIR No. 1063/2014 dated 30.10.2014 under Sections 498A/406/34 IPC registered at PS Nand Nagri, Delhi. The said FIR was lodged at the instance of respondent No. 2/complainant.
2. Facts, as alleged in the petition, are that the marriage between Petitioner no. 1 and respondent no. 2/complainant was solemnized on 26.04.2007 as per Hindu rites and Customs at Delhi. Two children namely Tanisha and Sagar were born out of this wedlock. Thereafter due to some misunderstanding between the parties, a case vide FIR No. 1063/2014 was lodged.
3. It has been submitted that while the proceedings were underway, the parties arrived at a settlement before the Principal Counselor, Family Court, Shahdara Karkardooma Delhi.
4. Both parties are present in court and have duly been identified by the IO. They state that the dispute pertaining to the present case has been settled between the parties out of the Court with the intervention of respectable family members. Respondent no. 2 submits that out of the total amount of Rs. 2 Lakhs, she has already received Rs. 1,30,000/- and the remaining amount of Rs. 70,000/- has rece
The central legal point established in the judgment is the significance of genuine settlements in matrimonial disputes and the court's discretion to quash legal proceedings based on such settlements.
Matrimonial disputes should be put to rest if the parties have arrived at a genuine settlement and obtained a divorce by mutual consent.
Matrimonial disputes should be put to quietus if the parties have arrived upon a genuine settlement.
Matrimonial disputes should be put to quietus if the parties have arrived upon a genuine settlement, and the court should ensure that the settlement is voluntary and without coercion.
In matrimonial matters, genuine settlements should be respected, and cases arising from such disputes should be put to rest if the parties have arrived at a genuine settlement.
Matrimonial disputes should be put to rest through genuine settlements, and the rights of children born out of the wedlock should be protected.
Matrimonial disputes should be put to quietus if the parties have arrived upon a genuine settlement.
Matrimonial disputes should be put to rest when genuine settlements are reached, as emphasized in previous judgments.
Cases arising out of matrimonial differences should be put to quietus if the parties have arrived upon a genuine settlement, as held in B.S. Joshi v. State of Haryana, K. Srinivas Rao v. D.A. Deepa, ....
The main legal point established is that in matrimonial disputes, genuine settlements should be given importance, and if the parties have amicably resolved their disputes, the cases should be put to ....
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