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DINESH KUMAR SHARMA
Raghav Murarka – Appellant
Versus
State – Respondent
JUDGMENT
Dinesh Kumar Sharma, J. (Oral)--The present petition has been filed under Section 482 Cr. P.C. seeking quashing of FIR No. 246/2021 registered at PS Kirti Nagar under Sections 498A/406/34 IPC.
2. Briefly stated facts of the case are that Respondent No.2/complainant was married to Petitioner No. 1 on 18.01.2020 as per Hindu rites and rituals and remained together with the petitioner till 19.07.2020. However, due to temperamental differences, the marriage could not succeed and a mutual divorce petition was filed. The decree of divorce was granted vide order dated 05.03.2022 by the learned Additional Principal Judge, Family Court(West),Tis Hazari Courts, Delhi.
3. Respondent No.2/complainant states that during the divorce proceedings, she along with the petitioners has reached into a settlement deed dated 20.02.2022. As per the settlement, her husband/petitioner No.1 had to pay Rs.27,00,000/- towards full and final settlement of the entire dispute and she has already been paid Rs.18,00,000/-. Remaining sum of Rs.9,00,000/- has been received by way of a Demand Draft bearing No.654931 dated 14.02.2023 drawn on Yes Bank Ltd. She has further stated that she has no objection if F
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 ....
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.
Encouragement of voluntary settlements in matrimonial disputes and acceptance of such settlements by the court.
The court emphasized the significance of voluntary settlements in matrimonial disputes and applied the provisions of section 13(B) of the Hindu Marriage Act to reach its decision.
Matrimonial disputes should be put to quietus through genuine settlements, and continuing with the FIR may serve no useful purpose if the parties have amicably resolved their disputes.
Cases arising from matrimonial differences should be put to a quietus if the parties have amicably resolved their disputes.
Courts have a duty to encourage amicable settlements in matrimonial disputes.
The court can exercise its inherent powers to quash FIR and proceedings based on amicable settlement in matrimonial disputes, as established in B.S. Joshi v. State of Haryana and K. Srinivas Rao v. D....
Voluntary settlement in matrimonial disputes and the grant of divorce by mutual consent under the Hindu Marriage Act, 1955.
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