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DINESH KUMAR SHARMA
Md Aasif – Appellant
Versus
State of NCT of Delhi – Respondent
JUDGMENT :
DINESH KUMAR SHARMA, J.
The present petition has been filed seeking quashing of FIR bearing No. 682/2022 dated 14.06.2022 under Sections 498A/406/34 of IPC registered at Police Station Nihal Vihar, Delhi.
2. In brief, facts are that the marriage between Petitioner No. 1 and respondent no. 2/complainant was solemnized on 05.04.2010 as per Muslim rites and rituals at Badau, UP. No child was born out of this wedlock. Thereafter owing to temperamental differences both parties started residing separately since 25.04.2021. Consequently, respondent No. 2/complainant lodged the present FIR against the Petitioners herein the chargesheet has not been filed in the present case.
3. It has been submitted that Respondent No. 2 also filed a complaint under section 12 of the DV act against all the petitioners. Further, learned counsel for the petitioner submits that during the pendency of the proceedings, the parties have entered into a settlement at the Delhi Mediation Centre, Tis Hazari Courts, Delhi i on 27.10.2022 on the following terms and conditions:
Settlement and withdrawal of complaints in matrimonial disputes can be valid grounds for quashing FIRs and criminal proceedings.
Matrimonial disputes should be put to quietus if the parties have arrived upon a genuine settlement.
The court can exercise its inherent powers under section 482 of the Code to quash non-compoundable offences if the parties have reached an amicable settlement and there is no purpose in continuing wi....
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 quietus if the parties have arrived upon a genuine settlement.
Matrimonial disputes should be put to rest if the parties have arrived upon a genuine settlement, as established in relevant case law.
The importance of amicable settlements in matrimonial disputes and the court's power to quash proceedings under Section 482 of the Criminal Procedure Code.
The court can quash non-compoundable offences based on an amicable settlement between the parties, using inherent powers under section 482 of the Code.
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.
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