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DINESH KUMAR SHARMA
Deepak Lamba – Appellant
Versus
State (NCT of Delhi) – Respondent
JUDGMENT
Dinesh Kumar Sharma, J. (Oral)
1. Present petition has been filed seeking quashing of FIR No. 178/2016 dated 19.03.2016 registered at PS Paschim Vihar 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 and respondent No. 2/complainant was solemnized on 17.12.2012 as per Hindu rights and customs in Delhi. No child was born out of the wedlock. Thereafter, due to temperament differences the parties started residing separately. Consequently, the Respondent No. 2/complainant lodged a complaint with CAW Cell, West Distt, New Delhi, basis which the present F.I.R came to be registered u/s 498A/406/34 IPC at PS Paschim Vihar against the petitioners herein. Chargesheet has been filed and the matter is pending adjudication before the learned MM-02 (Mahila Courts), West District, Tis Hazari Courts, Delhi.
3. It has been submitted that while the proceedings were underway, with the intervention of family members and well-wishers, the parties settled all their disputes and got recorded a joint statement dated 26.08.2022 in HMA 821 of 201
Matrimonial disputes should be put to quietus if the parties have arrived upon a genuine settlement.
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 importance of putting a quietus to matrimonial disputes through genuine settlements.
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 rest if the parties have arrived at a genuine settlement and obtained a divorce by mutual consent.
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 in the judgment is the significance of amicable settlements in matrimonial disputes and the court's inherent powers under Section 482 of the Code to quash non-comp....
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.
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