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DINESH KUMAR SHARMA
Mohit Dhawan – Appellant
Versus
State – Respondent
JUDGMENT
Dinesh Kumar Sharma, J. (Oral)--The present petition has been filed seeking quashing of FIR 363/2018 registered at PS Jagat Puri under sections 498A/406/34 IPC.
2. Briefly stated facts of the case are that the above-mentioned FIR was lodged on the statement of Respondent No.2/complainant. The parties got married on 18.01.2017 according to Hindu rites and ceremonies. Temperamental differences arose and the parties started living separately since 22.09.2017. It is pertinent to mention here that there is one male child namely Jagrat Yadav @ Aditya Yadav, born out of this wedlock, on 06.05.2018. He is in care and custody of Respondent No.2 Chargesheet in this case has also been filed.
3. Learned Counsel for the petitioner submits that during the pendency of proceedings the matter was referred before Delhi Mediation Centre, KKD, Delhi where both the parties amicably settled the matter between them, vide settlement deed dated 20.04.2022. As per the settlement it has been agreed between the parties that the petitioner shall pay Rs.8,00,000/- in full and final settlement of the entire dispute to respondent no. 2/complainant.
4. The terms and conditions of the settlement are as f
The main legal point established is that matrimonial disputes can be settled amicably, leading to the quashing of related criminal proceedings under the specified legal provisions.
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.
The importance of amicable settlements in matrimonial disputes and the court's power to quash proceedings under Section 482 of the Criminal Procedure Code.
Courts can quash non-compoundable offences arising from matrimonial disputes if parties have reached an amicable settlement, exercising inherent powers under section 482 of the Code.
Matrimonial disputes should be put to rest through genuine settlements, and the rights of children born out of the wedlock should be protected.
The main legal point established is that in matrimonial disputes, genuine settlements should be given importance, and if the parties have amicably resolved their disputes, the cases should be put to ....
Courts have a duty to encourage genuine settlements of matrimonial disputes and have the inherent power to quash proceedings based on amicable settlements, even if the offences are non-compoundable.
Matrimonial disputes should be put to rest if the parties have genuinely settled their differences.
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, ....
The court can exercise inherent powers under section 482 of the Code to quash non-compoundable offences, especially in cases of amicable settlement in matrimonial differences.
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