Back
DINESH KUMAR SHARMA
Ishwar Singh – Appellant
Versus
State (Govt. of NCT of Delhi) – Respondent
JUDGMENT
Dinesh Kumar Sharma, J. (Oral)
1. The present petition has been filed for quashing of FIR No. 519/2015 registered at PS Jyoti Nagar, Delhi, under Sections 498A/406/34 IPC and sections 4/5 of The Dowry Prohibition Act, 1961. The said FIR was lodged at the complaint of the respondent No.2/wife.
2. Facts in brief are that the marriage between Petitioner no. 1 and respondent no. 2/complainant was solemnized on 02.05.2014 as per Hindu rites and customs in Delhi. No child was born out of this wedlock. Thereafter owing to temperamental differences both the parties started residing separately since 11.01.2015. Consequently, respondent no. 2/complainant lodged a complaint with the CAW Cell, Seema Puri Delhi, basis which the present FIR No. 519/2015 came to be registered against the Petitioners herein. Chargesheet has been filed and the matter is pending adjudication before the learned MM, Karkardooma Courts, Delhi.
3. The respondent No. 2/wife filed a petition u/s 13(1)(i-a) of HMA, 1955, for divorce bearing HMA No. 360/2017 and the marriage was dissolved by way of an ex parte decree of divorce by the learned Judge, Family Courts, Shahdara District vide order dated 12.03.2019. T
Matrimonial disputes should be put to quietus if the parties have arrived upon a genuine settlement, as established in previous judgments.
The court can exercise 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 parties, es....
Matrimonial disputes should be put to rest if the parties have arrived at a genuine settlement and obtained a divorce by mutual consent.
The voluntary nature of the settlement, absence of fear, force, or coercion, and the desire of the parties to live peacefully were central to the court's decision to quash the FIR and related proceed....
Matrimonial disputes should be put to quietus if the parties have arrived upon a genuine settlement, and provisions of the Hindu Marriage Act, 1955, allow for divorce by mutual consent.
Courts should encourage amicable settlements in matrimonial disputes and may quash FIR and related proceedings in view of voluntary settlement.
The court can exercise inherent powers to quash proceedings based on an amicable settlement between the parties in matrimonial disputes.
Matrimonial disputes should be put to rest if a genuine settlement has been reached by the parties.
Matrimonial disputes should be put to quietus if the parties have arrived upon 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.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
