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DINESH KUMAR SHARMA
Dev Karan – Appellant
Versus
State (NCT of Delhi) – Respondent
JUDGMENT
Dinesh Kumar Sharma, J. (Oral)
1. The present petition has been filed for quashing of FIR No.47/2017 dated 27.01.2017 registered at PS Saket, 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.1namely Dev Karan and respondent No.2/complainant was solemnized on 21.04.2006 as per Hindu rites and customs. Two children were born out of this wedlock. Thereafter owing to temperamental differences respondent no.2/complainant lodged a complaint, on the basis which, the present FIR against the petitioners herein came to be registered. It has been submitted that the Chargesheet has been filed and the matter is pending adjudication before the learned MM Saket Court, South Delhi.
3. Learned Counsel further submits that while the proceedings were underway, both the parties amicably settled all their disputes and started residing together as husband and wife along with their two children at the address of the petitioner No.1.Learned counsel submits that since the parties have settled all their disputes and the complainant does not w
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.
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....
Cases arising out of matrimonial differences 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.
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.
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, ....
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....
Matrimonial disputes should be put to rest if the parties have arrived at a genuine settlement and obtained a divorce by mutual consent.
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