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DINESH KUMAR SHARMA
Kapil Alias Lekhraj – Appellant
Versus
State Govt. of NCT of Delhi – Respondent
JUDGMENT
Dinesh Kumar Sharma, J. (Oral)--Present Petition has been filed for quashing of fir no. 0090/2014 under section 34,406,498-A IPC 1860 registered at PS Jagatpuri.
2. Briefly stated facts of the case are that petitioner No.1 and respondent No.2 got married on 10.07.2008 and remained together till 24.03.2009. No child was born out of this wedlock. Some temperamental differences arose, and an FIR was lodged at the statement of Respondent No.2/complainant. Thereafter, a Mutual divorce petition was filed and the decree of divorce was granted vide order dated 08.03.2022 by Learned Principal Judge, Family Court, Shahdara, Karkardooma Courts, Delhi. During the divorce proceedings, Respondent No.2 along with the petitioners have reached into a settlement agreement dated 29.11.2019.
3. The terms of the settlement are as follows:
"1. That the petitioner and respondent shall take divorce by way of mutual consent within the jurisdiction of Delhi Court.
2. It is agreed between the parties that husband shall pay to the wife a sum of Rs.3,15,000/- as full and final settlement (against stridhan, and dowry, maintenance towards past, present and future qua this marriage and nothing remain due
Courts have a duty to encourage genuine settlements of matrimonial disputes and have the inherent power to quash proceedings based on amicable settlements, even if the offences are non-compoundable.
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 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 main legal point established is that matrimonial disputes can be settled amicably, leading to the quashing of related criminal proceedings under the specified legal provisions.
Matrimonial disputes should be put to quietus if the parties have arrived upon a genuine settlement.
The central legal point established is that cases arising from matrimonial differences can be put to a quietus through the exercise of inherent powers under section 482 of the Code if the parties hav....
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 court can exercise inherent powers to quash non-compoundable offences based on amicable settlements in matrimonial disputes, as established in precedents.
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.
Courts should encourage the settlement of matrimonial disputes through amicable settlement, and if the parties have reached a mutual settlement voluntarily without fear, force, or coercion, the same ....
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