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DINESH KUMAR SHARMA
Vaibhav Upadhyay – Appellant
Versus
State NCT of Delhi – Respondent
JUDGMENT
Dinesh Kumar Sharma, J. (Oral)--The present petition has been filed seeking quashing of FIR no. 575/2015 registered at PS Welcome under sections 498A/406/34 IPC and section 4 of Dowry Prohibition Act, 1961.
2. Briefly stated facts of the case are that the parties got married on 28.11.2014 according to Hindu rites and ceremonies. However, the marriage could not succeed and due to temperamental differences and misunderstanding with each other the parties started living separately since 18.04.2015. The above-mentioned FIR was lodged on the basis of complaint made by Respondent No.2/complainant as a result of temperamental differences in the matrimonial home. Charge-sheet was also filed. The Ld. MM vide order dated 05.04.2017 discharged Petitioner No.2 (mother-in-law) and Petitioner No.3 (sister-in-law) of the complainant/Respondent No.2.
3. However, now the parties state that they have amicably settled the matter vide MOU/Settlement deed dated 13.11.2019. The terms and conditions of the settlement deed are as follows:
(i) That the first motion petition shall be filed under section 13-B(1) before the Family Court Delhi within 15 days of signing of the present MOU.
(ii) That the
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....
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.
The court can quash non-compoundable offences after considering the nature of the offence and the amicable settlement between the concerned parties, especially in cases arising out of matrimonial dif....
Courts should encourage amicable settlements in matrimonial disputes and may quash FIR and related proceedings in view of voluntary settlement.
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 to quash proceedings based on an amicable settlement between the parties in matrimonial disputes.
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....
The main legal point established is that in cases of amicable settlement between the parties, the court may quash FIR and proceedings emanating therefrom to prevent abuse of the court's process.
Courts should encourage amicable settlements in matrimonial disputes and respect settlements entered into voluntarily without coercion.
Courts should encourage amicable settlements in matrimonial disputes and may quash related proceedings if the parties have voluntarily settled the matter.
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