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DINESH KUMAR SHARMA
Aaftab Siddiqui – Appellant
Versus
State – Respondent
JUDGMENT
Dinesh Kumar Sharma, J. (Oral)
1. Present petition has been filed seeking quashing of FIR No. 0511/2018 dated 29.11.2018 under Sections 498A/406/34 IPC registered at PS Jamia Nagar. The said FIR was lodged at the instance of respondent No.2/complainant.
2. Facts in brief are that the marriage between Petitioner no. 1 and respondent no. 2/complainant was solemnized on 18.04.2014 as per Muslim rites and rituals. No child was born out of this wedlock. Thereafter owing to temperamental differences the respondent No.2/complainant left her matrimonial house and started living at her parental house from 20.05.2017. Several efforts were made to reconcile the parties, however the same did not fructify. Consequently, respondent no. 2/complainant lodged a complaint against the petitioners herein, basis which, the present FIR came to be registered.
3. It has been submitted that thereafter, the petitioner No. 1 has pronounced divorce/khula to the respondent No.2/complainant on three different occasions i.e. on 15.12.2021, 20.02.2022 & 26.03.2022 and the same have been accepted by the respondent No.2/complainant. It has been submitted that further, the petitioner No. 1 pronounced tala
In matrimonial matters, amicable settlement and dissolution of marriage as per personal law can lead to quashing of FIR and consequent proceedings.
In matrimonial matters, amicable resolution and the prevention of court process abuse are crucial considerations for quashing FIRs and related proceedings.
Matrimonial disputes should be put to quietus if the parties have arrived upon a genuine settlement.
Genuine settlement in matrimonial disputes should lead to quashing of FIR and subsequent proceedings.
Matrimonial disputes should be put to quietus if the parties have arrived upon a genuine settlement, and the court should ensure that the settlement is voluntary and without coercion.
Matrimonial disputes should be put to rest if the parties have arrived upon a genuine settlement, as established in relevant case law.
Cases arising out of matrimonial differences should be put to quietus if the parties have arrived upon a genuine settlement, as held in B.S. Joshi v. State of Haryana, K. Srinivas Rao v. D.A. Deepa, ....
The court can quash non-compoundable offences after considering the nature of the offence and the amicable settlement between the concerned parties, using inherent powers under section 482 of the Cod....
Quashing of an FIR is warranted when parties amicably settle their matrimonial dispute, supported by a mutual consent divorce.
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