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DINESH KUMAR SHARMA
Himanshu Chauhan – Appellant
Versus
State – 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. 132/2020 registered under sections 498A/406/34 IPC at PS Dabri.
2. Briefly stated facts of the case are that the Petitioner no.1/husband and Respondent no.2/wife got married on 30.11.2016 according to Hindu rites and ceremonies. That thereafter, some disputes arose between the parties and consequently respondent no.2 filed a complaint and the present FIR was lodged.
3. However, it is submitted that now, the parties have amicably settled the matter before the Media Centre, Dwarka Courts, New Delhi, vide Settlement Deed dated 24.03.2021.
4. The terms and conditions of the settlement deed dated 24.03.2021 are as follows:
(a) It has been agreed between the complainant/wife Ms. Shikha and respondent/husband Sh. Himanshu that they shall seek divorce by mutual consent and co-operate with each other in moving first motion and second motion before the court.
(b) It has been agreed between the parties that respondent/husband will pay total sum of Rs.10,00,000/- (Rupees Ten Lakhs Only) in three instalments towards full and final settlement of all her claims rega
Courts should encourage amicable settlements in matrimonial disputes and may exercise inherent power to quash proceedings under Section 482 Cr.P.C.
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 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 if the parties have arrived at a genuine settlement, as established in previous judgments.
The central legal point established in the judgment is the court's authority to quash non-compoundable offences based on amicable settlements in matrimonial disputes, as provided under section 482 of....
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 duty of courts to encourage amicable settlements in matrimonial disputes and the need for proper drafting of settlement deeds.
Courts should encourage amicable settlements in matrimonial disputes and respect settlements entered into voluntarily without coercion.
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 have a duty to encourage amicable settlements in matrimonial disputes.
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