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DINESH KUMAR SHARMA
Yashpal Gaur – Appellant
Versus
State – Respondent
JUDGMENT
Dinesh Kumar Sharma, J. (Oral)
CRL.M.A. 5707/2023 (early hearing) in CRL.M.C. 7059/2022
This is an early application seeking hearing of petition bearing CRL.M.C.7059/2022.
For the reasons stated in the application, the application is allowed.
CRL.M.C. 7059/2022
1. The present petition has been filed under Section 482 Cr. P.C. seeking quashing of FIR No. 307/2014 registered at PS Ashok Vihar under Sections 498A/406 IPC. Chargesheet has also been filed under sections 406/498A/34 IPC.
2. Briefly stated facts of the case are that Respondent No.2/complainant got married to Petitioner No. 1 Yashpal Gaur on 09.02.2011 and remained together with the petitioner till October 2013. One male child namely Master Hardik was born out of this wedlock on 22.06.2012. However, the marriage could not succeed and a mutual divorce petition was filed and decree of divorce was granted vide order dated 20.10.2022 by the learned Principal Judge, Family Court, North West District Rohini, Delhi. She has further stated that during the divorce proceedings, she along with the petitioners have reached into a settlement dated 07.03.2022 at Delhi Mediation Centre, Rohini District Courts, Delhi.
3. The terms
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.
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 ....
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 quietus through genuine settlements, and continuing with the FIR may serve no useful purpose if the parties have amicably resolved their disputes.
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 ....
Voluntary settlement in matrimonial disputes and the grant of divorce by mutual consent under the Hindu Marriage Act, 1955.
The main legal principle established is the duty of courts to encourage amicable settlements in matrimonial disputes, as emphasized by the Apex Court, leading to the quashing of the case based on the....
Cases arising from matrimonial differences should be put to a quietus if the parties have amicably resolved their disputes.
Matrimonial disputes should be put to rest if the parties have arrived at a genuine settlement and obtained a divorce by mutual consent.
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