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DINESH KUMAR SHARMA
Arun Chowdery – Appellant
Versus
State Govt of NCT of Delhi – Respondent
JUDGMENT
Dinesh Kumar Sharma, J. (Oral)
1. Present petition has been filed seeking quashing of FIR No. 189/2018 dated 18.07.2018 registered under Sections 498-A/406/34, IPC at PS Jagat Puri, East Delhi. The FIR was lodged at the statement of the respondent No.2/wife.
2. Brief facts are that the marriage between the petitioner No.1/husband and respondent No.2/wife was solemnized on 20.12.2013 as per Hindu rites and rituals. No child was born out of the wedlock. Thereafter due to temperamental differences, the parties started residing separately since April 2015. Subsequently, respondent No.2/wife got registered the present FIR against the petitioners herein. While the proceedings were underway, the parties settled their disputes vide settlement agreement dated 22.03.2021 before the Delhi Mediation Centre, KKD Courts, Delhi on the following terms and conditions:
"1. It is agreed between the parties that since there is no possibility of reunion due to irreconcilable difference, they shall get their marriage dissolved by mutual consent in accordance with law as provided U/s 13(B) of The Hindu Marriage Act.
2. It is agreed between the parties that husband shall pay a total amount of Rs.
Matrimonial disputes should be put to rest if the parties have arrived at a genuine settlement.
In matrimonial matters, genuine settlement and mutual divorce can be valid grounds for quashing FIR and proceedings.
The importance of amicable settlements in matrimonial disputes and the court's power to quash proceedings under Section 482 of the Criminal Procedure Code.
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 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 through genuine settlements, and the rights of children born out of the wedlock should be protected.
Matrimonial disputes should be put to rest if the parties have arrived at a genuine settlement.
The court can quash non-compoundable offences after considering the nature of the offence and the amicable settlement between the concerned parties, using inherent powers under section 482 of the Cod....
Voluntary settlement in matrimonial disputes and the grant of divorce by mutual consent under the Hindu Marriage Act, 1955.
The court can exercise its inherent powers to quash non-compoundable offences, especially in matrimonial disputes, if the parties have reached an amicable settlement.
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