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DINESH KUMAR SHARMA
Amit Shoor – Appellant
Versus
State of NCT of Delhi – Respondent
JUDGMENT
Dinesh Kumar Sharma, J. (Oral)
1. The present petition has been filed under section 482 Cr.P.C seeking quashing of FIR no. 282/2019 under section 406/498A/34 IPC and all the other proceedings emanating therefrom.
2. Briefly stated facts of the case are that the parties got married on 30.04.2018 according to Hindu rites and ceremonies. Soon after the marriage temperamental differences and matrimonial discord cropped up owing to which the parties have been living separately since 25.08.2018. There is no child born out of said wedlock. The present FIR was lodged on the basis of the complaint by Respondent No.2. However it is submitted that now the parties have settled the matter vide settlement agreement dated 15.07.2021.
3. Settlement agreement dated 15.07.2021reads as follows:
"1. The both the Parties have agreed and expressed their intentions to dissolve their marriage by a decree of divorce by a mutual consent and the Parties have agreed for filing of joint petition U/s 13 (B) (1) & (B) (2) of the Hindu Marriage Act, 1955 before the concerned Family Court, the Parties have agreed for filing of joint petition U/s 13 (B)(1) & (B)(2) of the Hindu Marriage Act, 1955 before t
Voluntary settlement in matrimonial disputes and the grant of divorce by mutual consent under the Hindu Marriage Act, 1955.
The court emphasized the significance of voluntary settlements in matrimonial disputes and applied the provisions of section 13(B) of the Hindu Marriage Act to reach its decision.
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.
Matrimonial disputes should be put to quietus through genuine settlements, and continuing with the FIR may serve no useful purpose if the parties have amicably resolved their disputes.
In matrimonial matters, genuine settlement and mutual divorce can be valid grounds for quashing FIR and proceedings.
Courts can quash non-compoundable offences arising from matrimonial disputes if parties have reached an amicable settlement, exercising inherent powers under section 482 of the Code.
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 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 main legal principle established is the duty of courts to encourage amicable settlements in matrimonial disputes, as emphasized by the Apex Court, leading to the quashing of the case based on the....
Courts have a duty to encourage amicable settlements in matrimonial disputes.
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