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DINESH KUMAR SHARMA
Swapnil Kamble – Appellant
Versus
State – Respondent
JUDGMENT
Dinesh Kumar Sharma, J. (Oral)--The present petition has been filed under Section 482 Cr. PC seeking quashing of FIR No. 530/2022 registered at PS Dabri, Delhi under Sections 498A/406/34 IPC.
2. Brief facts of the case are that the marriage between Petitioner no. 1 and respondent no. 2 was solemnised on 04.07.2015 according to Buddhist rites and customs. After their marriage, the parties started living separately from 09.11.2020 due to serious differences and temperamental incompatibility. The present FIR was lodged on the statement of respondent no. 2/complainant.
3. Learned Counsel for the petitioners submits that during the pendency of the proceedings, the parties have amicably settled and compromised all the disputes between them in respect of FIR under reference. He also states that the terms of the settlement between the parties have been duly recorded in the Memorandum of Understanding/settlement deed dated 19.09.2022 with the following terms and conditions:
"1. That the SECOND PARTY shall, pay an amount of Rs.3,00,000/- [Rupees three lakh only] to the FIRST PARTY in the name of JAGRUTI SWAPNIL KAMBLE, Demand vide Draft No. 501995 drawn on State Bank of India, Branc
The court can quash FIRs in matrimonial disputes when a compromise has been achieved, as encouraged by the Supreme Court.
The court can exercise inherent powers under section 482 of the Code to quash non-compoundable offences, especially in cases of amicable settlement in matrimonial differences.
The main legal principle established is the encouragement of amicable settlements in matrimonial disputes, as well as the voluntary nature of settlements and the absence of fear, force, or coercion.
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, ....
Matrimonial disputes should be put to quietus if the parties have arrived upon a genuine settlement, and provisions of the Hindu Marriage Act, 1955, allow for divorce by mutual consent.
The court can exercise inherent powers under section 482 of the Code to quash non-compoundable offences arising from matrimonial differences if the parties have reached an amicable settlement, as sup....
The central legal point established is the court's authority to quash criminal proceedings in matrimonial disputes based on genuine settlements, as supported by legal precedents.
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 importance of amicable settlements in matrimonial disputes and the court's power to quash proceedings under Section 482 of the Criminal Procedure Code.
Cases arising from matrimonial differences should be put to rest if parties reach an amicable settlement, and the nature of injuries and circumstances should be considered in determining the quashabi....
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