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DINESH KUMAR SHARMA
Vikas Bhatnagar – Appellant
Versus
State Through Sho R. K. Puram Police Station – Respondent
JUDGMENT
Dinesh Kumar Sharma, J. (Oral)--The present petition has been filed under section 482 Cr.P.C. seeking quashing of case FIR No. 112/2021 dated 26.04.2021 registered under Sections 498A/406/34 IPC at PS RK Puram, Delhi. The said FIR was lodged on the statement of the respondent No.2/complainant alleging therein that the petitioners herein have mentally harassed her and demanded dowry from her.
2. Facts in brief are that the marriage between petitioner No. 1 and respondent no. 2/complainant was solemnized on 25.11.2016 as per Hindu rites and customs in Delhi. No child was born out of this wedlock. However, owing to temperamental differences the parties started living separately from 21.09.2020. Thereafter, respondent no. 2/complainant got registered the present FIR against the petitioners herein.
3. It has been submitted that thereafter various litigations arose between the parties which include a petition under section 13, HMA bearing HMA No. 640/2020 filed by the petitioner No.1/husband for dissolution of marriage before the Ld. Judge, Family Courts, PHC, New Delhi and a complaint under section 12 of DV Act filed by the respondent No.2/complainant before Ld. MM, Mahila Cou
Matrimonial disputes should be put to rest if the parties have arrived at a genuine settlement, as established in previous judgments.
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 ....
The central legal point established is that cases arising from matrimonial differences can be put to a quietus through the exercise of inherent powers under section 482 of the Code if the parties hav....
Courts may exercise inherent powers to quash non-compoundable offences arising from matrimonial disputes if the parties have reached an amicable settlement, as established in previous judgments.
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 settlement and mutual divorce can be valid grounds for quashing FIR and proceedings.
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 court can exercise its inherent powers to quash non-compoundable offences based on amicable settlements in matrimonial cases, considering the nature of the offence and the settlement between the ....
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, ....
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.
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