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DINESH KUMAR SHARMA
Sh Ashish Chhabra – Appellant
Versus
State – Respondent
JUDGMENT
Dinesh Kumar Sharma, J. (Oral)
CRL.M.A. 12538/2023
Exemption allowed subject to just exceptions.
CRL.M.C. 3341/2023
1. The present petition has been filed seeking quashing of case FIR No. 330/13 dated 27.06.2013 registered under Sections 498A/406/34 IPC at PS Tilak Nagar, West Delhi. The said FIR was lodged at the complaint of the respondent No.2/wife.
2. Facts in brief are that the marriage between Petitioner no. 1 and respondent no. 2/complainant was solemnized on 09.11.2008 as per Hindu rites and customs at Delhi. One child namely Suryansh was born out of the wedlock. Thereafter owing to temperamental differences the parties started residing separately from 2013. Subsequently, respondent no. 2/complainant filed a complaint before CAW Cell, West which culminated into the present FIR against the petitioners herein. Charge-sheet has been filed and the matter is pending adjudication before the Learned Trial Court.
3. It has been submitted that besides the present FIR, several other litigations erupted between the parties including a Guardianship petition filed by the petitioner No.1 and a divorce petition filed by the respondent No.2. Learned counsel for the petitioners subm
The importance of putting a quietus to matrimonial disputes through genuine 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 main legal point established in the judgment is the court's authority to quash non-compoundable offences under section 482 of the Code, considering the nature of the offence and the amicable sett....
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.
The court can quash non-compoundable offences after considering the nature of the offence and the amicable settlement between the concerned parties, in line with the inherent powers under section 482....
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 rest if the parties have arrived at a genuine settlement, as supported by previous judgments.
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.
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