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DINESH KUMAR SHARMA
Manjeet Patwa – Appellant
Versus
State – Respondent
JUDGMENT
Dinesh Kumar Sharma, J. (Oral)--The present petition has been filed for quashing of FIR No. 245/2018 dated 06.06.2018 registered under Sections 498A/406/34 IPC at PS Mundka. 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. Manjeet Patwa and Respondent No.2/complainant was solemnized on 07.07.2014 as per Hindu Rites and Customs. One child namely Arijit Patwa was born out of this wedlock. Thereafter owing to temperamental differences the marriage between the parties could not succeed and as a result the respondent No.2/complainant went back to her parental home and started residing there. Thus, the parties started residing separately from 03.04.2017.
3. Consequently, respondent no. 2/complainant lodged the present FIR dated 06.06.2018 against the petitioners. It has been submitted that the Chargesheet has been filed and charges have been framed and the matter is pending adjudication before the Ld. MM. (Mahila) West District, Tis Hazari Courts, Delhi.
4. However, with the intervention of family members and well-wishers both the parties amicably settled all their disputes befo
Matrimonial disputes should be put to quietus if the parties have arrived upon a genuine settlement.
Genuine settlements in matrimonial disputes should be given importance, and the court may quash FIRs and their proceedings based on such settlements.
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 ....
Matrimonial disputes should be put to rest through genuine settlements, and the rights of children born out of the wedlock should be protected.
In matrimonial matters, genuine settlements should be respected, and cases arising from such disputes should be put to rest if the parties have arrived at a genuine settlement.
Matrimonial disputes should be put to rest if the parties have arrived at a genuine settlement and obtained a divorce by mutual consent.
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 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.
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, ....
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