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DINESH KUMAR SHARMA
Harjaspreet Singh – Appellant
Versus
State Govt. of NCT of Delhi – Respondent
JUDGMENT
Dinesh Kumar Sharma, J. (Oral)
1. This is a petition filed under section 482 Cr.P.C. for quashing of FIR No. 52/2019 under sections 498A/406/34 IPC registered at PS Kishan Garh.
2. Briefly stated facts of the case are that the parties got married on 15.09.2018 according to Sikh Rites and ceremonies. There is no child born out of this wedlock. That due to temperamental differences between them the parties are living separately since 22.10.2018.
3. It is submitted that owing to the differences between the parties, the Respondent No.2 lodged the above-mentioned FIR. It is further submitted that now the parties have settled the matter amicably among themselves vide settlement deed dated 26.08.2022.
4. The terms of the Settlement Deed are as follows -
"1. Parties here by mutually agreed to dissolve their marriage by filing a joint petition for divorce by way of mutual consent U/s 13 (B) (1) of Hindu Marriage Act. 1955 or Indian Divorce Act U/s 10A (1)/special marriage Act 1954 U/s 28 (1) in the court of competent jurisdiction at New Delhi on or before 15/09/2022.
2. It is agreed between the parties that the respondent (Husband) shall pay lump sum consideration of Rs-5000000/-
The court emphasized the duty to encourage amicable settlements in matrimonial disputes and considered the voluntary nature of the settlement between the parties.
The importance of amicable settlements in matrimonial disputes and the court's power to quash proceedings under Section 482 of the Criminal Procedure Code.
The court can exercise inherent powers to quash non-compoundable offences, especially in cases of matrimonial differences where parties have reached an amicable settlement.
Courts can exercise inherent powers under section 482 of the Code to quash non-compoundable offences, especially in cases of matrimonial differences where the parties have reached an amicable settlem....
Courts have a duty to encourage amicable settlements in matrimonial disputes, and if parties have voluntarily settled the matter without coercion, the court may quash related proceedings.
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.
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.
The court can quash non-compoundable offences after considering the nature of the offence and the amicable settlement between the concerned parties, especially in cases arising out of matrimonial dif....
The court can exercise inherent powers under Section 482 of the Code to quash FIRs in matrimonial disputes if the parties have reached an amicable settlement.
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....
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