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DINESH KUMAR SHARMA
Shubham Sharma – Appellant
Versus
State of Delhi – Respondent
JUDGMENT
Dinesh Kumar Sharma, J. (Oral)
CRL.M.A. 584/2022 (exemption)
Exemption is allowed subject to all just exceptions.
Application stands disposed of.
CRL.M.C. 152/2022
1. The present petition has been filed for quashing of FIR No. 001/2021 registered under Sections 498A/406/34 IPC at PS Shastri Park, Delhi. The said FIR was lodged at the complaint of the respondent No.2/wife.
2. Facts in brief are that the marriage between the petitioner No.1 namely Mr. Shubham Sharma and Respondent No.2/complainant was solemnized on 19.11.2018 as per Hindu Rites and Customs at Agra. No child was born out of this wedlock. Thereafter owing to temperamental differences both the parties started residing separately since 16.11.2019. Consequently, respondent no. 2/complainant lodged a complaint, basis which, the present FIR against the petitioners herein came to be registered. It has been submitted that the matter is now pending adjudication.
3. The marriage between the parties could not succeed and mutual divorce petition was filed and decree of divorce was granted vide order dated 03.02.2023 by the learned Principal Judge, Family Courts, Karkardooma Courts, Delhi. With the help of family members an
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.
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.
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.
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 if the parties have arrived at a genuine settlement.
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.
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 through genuine settlements, and the rights of children born out of the wedlock should be protected.
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, ....
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