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DINESH KUMAR SHARMA
Puneet Gupta – Appellant
Versus
State (Govt. of NCT of Delhi) – Respondent
JUDGMENT
Dinesh Kumar Sharma, J. (Oral)
1. The present petition has been filed under section 482 Cr.P.C seeking quashing of FIR No.79/2021 registered under sections 498A/406/34 at PS Jagat Puri.
2. Briefly stated facts of the case are that the parties got married on 16.02.2009 according to Hindu rites and ceremonies. There is one child namely Kumari Amishi Gupta was born out of this wedlock. Owing to temperamental differences the relationship between the petitioner no.1/husband and respondent no.2/wife deteriorated and the parties started living separately. After which the present FIR was lodged.
3. However, it is submitted that now with the intervention of common friends, relatives and well-wishers both the parties have settled the matter amicably vide MoU/Settlement Deed dated 12.11.2021 and therefore the present FIR along with all the other proceedings emanating therefrom maybe quashed.
4. The terms and conditions of the MoU/Settlement Deed are as follows:
"1. That the parties have settled all their claims with each other amicably and as per the settlement so arrived at between the parties, the petitioner No.1/Husband had to pay a sum of Rs.40,00,000/- (Ruees Forty Lakhs only)
Courts should encourage amicable settlements in matrimonial disputes and respect settlements entered into voluntarily without coercion.
Courts have a duty to encourage amicable settlements in matrimonial disputes.
The court emphasized the significance of voluntary settlements in matrimonial disputes and applied the provisions of section 13(B) of the Hindu Marriage Act to reach its decision.
The court can exercise its inherent powers to quash FIR and proceedings based on amicable settlement in matrimonial disputes, as established in B.S. Joshi v. State of Haryana and K. Srinivas Rao v. D....
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 court has the inherent power under Section 482 Cr.P.C. to quash proceedings if the parties have settled the matter amicably, especially in matrimonial disputes.
Courts should encourage amicable settlements in matrimonial disputes and may quash related proceedings if the parties have voluntarily settled the matter.
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.
Matrimonial disputes should be put to rest if the parties have arrived at a genuine settlement, as established in previous judgments.
Courts should encourage amicable settlements in matrimonial disputes and may exercise inherent power to quash proceedings under Section 482 Cr.P.C.
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