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DINESH KUMAR SHARMA
Manish Kumar – Appellant
Versus
State NCT of Delhi – Respondent
JUDGMENT
Dinesh Kumar Sharma, J. (Oral)
CRL.M.A. 3606/2023 (exemption)
Exemption is allowed subject to all just exceptions.
The application stands disposed of.
CRL.M.C. 941/2023
1. The present petition has been filed for quashing of FIR no.283/2019 registered under Sections 406/498/34 IPC at PS Shalimar Bagh.
2. Brief facts of the case are that marriage between Petitioner no. 1 and respondent no. 2 was solemnised on 21.01.2018 according to Hindu rites and customs. After their marriage, the parties lived together and one child namely Master Pulkit Kumar was born on 05.11.2018 out of the wedlock. However, the parties started living separately in 2019 due to serious differences and temperamental incompatibility. The present FIR was lodged on the statement of respondent no. 2/complainant namely Jolly Taneja. The allegations made in the FIR were regarding the demand for the dowry as well as the mental and physical cruelty inflicted upon the complainant. Allegations were also made against Mahesh Kumar Rathy (husband), Ashok Kumar Rathy (father-in-law), Kiran Kumari (mother-in-law), Harsh Kumar Rathy (jeth) and Richa Rathy (jethani) for criminal breach of trust and criminal intimidation.
3.
The central legal point established in the judgment is the court's discretion to quash FIRs, especially in matrimonial disputes, when a compromise has been achieved, as highlighted in precedents such....
Matrimonial disputes should be put to rest if a genuine settlement has been reached by the parties.
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.
The importance of amicable settlements in matrimonial disputes and the court's power to quash proceedings under Section 482 of the Criminal Procedure Code.
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, as established in B.S. Joshi v. State of Haryana, (2003)4 SCC 675; K. Srinivas Rao v. D.A. Deepa, ....
Matrimonial disputes should be put to quietus if the parties have arrived upon a genuine settlement.
The court can exercise inherent powers to quash FIRs in matrimonial disputes based on amicable settlements and mutual divorce decrees.
The court can exercise its inherent powers to quash non-compoundable offences based on amicable settlements in matrimonial cases, considering the nature of the offence and the settlement between the ....
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