Back
DINESH KUMAR SHARMA
Puneet Verma – Appellant
Versus
State (NCT of Delhi) – Respondent
JUDGMENT
Dinesh Kumar Sharma, J. (Oral)--The present petition has been filed for quashing of FIR No. 503/2015 dated 21.09.2015, registered at PS Ashok Vihar, Delhi, under Sections 498A/406/34 IPC. The said FIR was lodged at the instance of the respondent No. 2/wife against the petitioners herein.
2. Facts, in brief, are that the marriage between the petitioner No.1 namely Puneet Verma and respondent No.2/complainant was solemnized on 16.05.2010 as per Hindu rites and customs in Delhi. No. Two children were born out of the said wedlock, a female child, namely, Toshani and Male Child namely Arjun. Thereafter owing to temperamental differences, both the parties are residing separately since 27.11.2014. Subsequently, respondent no.2/complainant lodged a complaint against the petitioners in the Crime Against Women Cell, Delhi and FIR No. 503/2015 dated 15.01.2021, registered at PS Ashok Vihar, Delhi, under Sections 498A/406/34 IPC against the petitioners. It has been submitted that the matter is pending adjudication before the Learned MM, Mahila Court, Northwest, Rohini Delhi.
3. Learned counsel submits that while the proceedings were underway, with the intervention of family members a
Matrimonial disputes should be put to rest if the parties have arrived at a genuine settlement and obtained a divorce by mutual consent.
Matrimonial disputes should be put to quietus if the parties have arrived upon a genuine settlement, and the court should ensure that the settlement is voluntary and without coercion.
Matrimonial disputes should be put to rest when genuine settlements are reached, as emphasized in previous judgments.
In matrimonial matters, genuine settlements should be respected, and cases arising from such disputes should be put to rest if the parties have arrived at a genuine settlement.
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 central legal point established in the judgment is the significance of genuine settlements in matrimonial disputes and the court's discretion to quash legal proceedings based on such settlements.
Matrimonial disputes should be put to quietus if the parties have arrived upon a genuine settlement.
Cases arising out of matrimonial differences should be put to quietus if the parties have arrived upon a genuine settlement, as held in B.S. Joshi v. State of Haryana, K. Srinivas Rao v. D.A. Deepa, ....
The central legal point established is the court's authority to exercise inherent powers under section 482 of the Code to quash FIRs and proceedings based on amicable settlements in matrimonial dispu....
Matrimonial disputes should be put to rest through genuine settlements, and the rights of children born out of the wedlock should be protected.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
