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DINESH KUMAR SHARMA
Kapil Nehra – Appellant
Versus
State (NCT of Delhi) – Respondent
JUDGMENT
Dinesh Kumar Sharma, J. (Oral)
CRL.M.A. 9596/2023
Exemption allowed subject to just exceptions.
W.P.(CRL) 1028/2023
1. The present petition filed seeking quashing of case FIR No. 411/2020 under Section 406/498A/34 IPC registered at P.S. Sector 23 Dwarka.
2. Brief facts of the case are that marriage between petitioner No.1 and respondent No.2 was solemnized on 07.05.2014according to Hindu rites and customs. However, due to some temperamental differences and non-compatibility petitioner No.1 and respondent No.2 were not able to continue their matrimonial relationship and thereafter from 16.09.2019 both parties started residing separately from each other. Thereafter, respondent No.2 filed a complaint before the CAW Cell,Sector-9, Dwarka, New Delhi against the petitioners which was later on converted into an FIR No.411/2020 dated 12.10.2022 U/s 406/498A/34IPC in P.S. Sector 23 Dwarka. No child was born out of the said wedlock.
3. Learned Counsel for the petitioner submits that during the pendency of the proceedings, the parties have amicably settled their disputes. He submits that the parties have entered into a Mediation settlement dated 26.04.2022 before the Mediation Centre,
Cases arising from matrimonial differences should be put to a quietus if the parties have amicably resolved their disputes.
The court emphasized the use of inherent powers under section 482 of the Code to secure the ends of justice and prevent abuse of the process of any court, particularly in cases of amicable settlement....
The voluntary and amicable nature of a settlement in cases arising from matrimonial differences can be a basis for quashing non-compoundable offences under relevant legal provisions.
The importance of amicable settlements in matrimonial disputes and the court's power to quash proceedings under Section 482 of the Criminal Procedure Code.
The court can exercise inherent powers to quash FIRs in matrimonial disputes based on amicable settlements and mutual divorce decrees.
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....
In matrimonial matters, genuine settlements between parties should lead to the quashing of FIRs, as established by relevant case law.
High Courts can quash non-compoundable offences in matrimonial disputes if parties reach an amicable settlement, as established in B.S. Joshi v. State of Haryana and other precedents.
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.
Courts have a duty to encourage amicable settlements in matrimonial disputes.
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