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DINESH KUMAR SHARMA
Priyash Bhargava – Appellant
Versus
State (NCT of Delhi) – Respondent
JUDGMENT :
Dinesh Kumar Sharma, J. (Oral)--The present petition has been filed under section 482 CrPC seeking quashing of case FIR No.130/2017 registered under section 498A/406/307/313/377/34 IPC and section 4 of Dowry Prohibition Act, 1961.
2. Briefly stated facts of the case are that the parties got married on 04.06.2013 according to Hindu rights and ceremonies. That due to conflicts and difference in attitude Petitioner No.1 and Respondent No.2 could not adjust together and are thereby living separately since march 2017. Thereafter, Respondent No.2 got the above-mentioned FIR registered against all the petitioners. There is no child born out of this wedlock.
3. However it is submitted that now the parties have reached on a settlement on the following terms and conditions
"A. It is agreed between the parties, that they would file a mutual divorce petition before the Family Court within two week of signing of the present MOU and shall appear before the court to make their statement before the Family Court.
B. That the SECOND PARTY undertakes that his mother i.e., Mrs. Meera Bhargava will withdraw the cases, filed under Section 12 of Protection from Women from Domestic Violence Act-
The court can quash non-compoundable offences after considering the nature of the offence and the amicable settlement between the concerned parties, especially in cases arising out of matrimonial dif....
The voluntary nature of the settlement, absence of fear, force, or coercion, and the desire of the parties to live peacefully were central to the court's decision to quash the FIR and related proceed....
The court emphasized the use of Section 482 Cr.P.C to prevent abuse of court process and secure justice, while encouraging genuine settlement of marital disputes.
The court emphasized the importance of amicable settlements in matrimonial disputes and the exercise of inherent powers under section 482 of the Code to secure the ends of justice.
Courts should encourage amicable settlements in matrimonial disputes and respect settlements entered into voluntarily without coercion.
Courts should encourage amicable settlements in matrimonial disputes and may quash related proceedings if the parties have voluntarily settled the matter.
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, es....
Matrimonial disputes should be put to rest if the parties have arrived at a genuine settlement, as established in previous judgments.
The court can exercise inherent powers to quash proceedings based on an amicable settlement between the parties in matrimonial disputes.
Matrimonial disputes should be put to rest if the parties have genuinely settled their differences.
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