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DINESH KUMAR SHARMA
Mohd. Gayasuddin – Appellant
Versus
State (Govt. of NCT of Delhi) – Respondent
JUDGMENT
Dinesh Kumar Sharma, J. (Oral)
1. Present petition has been filed seeking quashing of FIR No. 812/2017 dated 21.11.2017 under Sections 498A/406/34 IPC registered at PS Ranhola, Delhi. The said FIR was lodged at the instance of respondent No.2/complainant.
2. Facts as alleged in the petition are that the marriage between Petitioner no. 1 and respondent no. 2/complainant was solemnized on 23.01.2014 as per Muslim rites and rituals at Delhi. No child was born out of this wedlock. Thereafter the respondent No. 2/complainant left for her parental home on 26.04.2014 for post marriage rituals and returned to her matrimonial house on 30.01.2014. Shortly thereafter, respondent No. 2/complainant was diagnosed with kidney stone on 05.02.2014 and on 13.02.2014 i.e. just around 20 days after marriage she left the matrimonial house. Despite persuasion she did not return to her matrimonial house.
3. It has been submitted that the petitioner No. 1 filed a petition for restitution of conjugal rights under section 9 of HMA however the same was disposed of. Respondent no. 2 /complainant filed a case under Section 12 of Domestic Violence Act, 2005 (DV Act) against the petitioners which is p
Matrimonial disputes should be put to rest if the parties have arrived upon a genuine settlement, as established in relevant case law.
Matrimonial disputes should be put to quietus if the parties have arrived upon a genuine settlement.
Matrimonial disputes should be put to rest when genuine settlements are reached, as emphasized in previous judgments.
Settlement and withdrawal of complaints in matrimonial disputes can be valid grounds for quashing FIRs and criminal 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.
In matrimonial matters, amicable resolution and the prevention of court process abuse are crucial considerations for quashing FIRs and related proceedings.
In matrimonial matters, amicable settlement and dissolution of marriage as per personal law can lead to quashing of FIR and consequent proceedings.
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, ....
Matrimonial disputes should be put to rest through genuine settlements, and the rights of children born out of the wedlock should be protected.
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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