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DINESH KUMAR SHARMA
Sh. Nishant Walia – Appellant
Versus
State Govt. of NCT of Delhi – Respondent
JUDGMENT
Dinesh Kumar Sharma, J. (Oral)
CRL.M.A. 10786/2023 (exemption)
Exemption is allowed subject to all just exceptions.
Application stands disposed of.
CRL.M.C. 2876/2023
1. This is a petition for quashing of case FIR No.0061/2021 dated 08.02.2021 registered under Sections 498A/406/34 IPC at PS Jaitpur, South-East Delhi. The said FIR was lodged at the complaint of the respondent No.2/wife.
2. Facts in brief are that the marriage between petitioner No. 1 and respondent no. 2/complainant was solemnized on 26.04.2018 as per Hindu rites and customs in Delhi. No child was born out of this wedlock. However, owing to temperamental differences the parties started living separately from August 2020. Thereafter, respondent no. 2/complainant got registered a complaint before CAW Cell, Niwaspur Delhi which culminated into the present FIR against the petitioners. Chargesheet is stated to have been filed and the matter is pending adjudication before the learned MM, Saket Courts, Delhi.
3. Besides the present FIR, the Respondent. No.2 filed a complaint u/s 12 of DV Act against the petitioners which is pending before the court of Ld. MM, THC, Delhi. It has been submitted that however, while the
In matrimonial matters, genuine settlements between parties should lead to the quashing of FIRs, as established by relevant case law.
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.
In matrimonial matters, genuine settlement and mutual divorce can be valid grounds for quashing FIR and 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.
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.
High Courts can quash non-compoundable offences in matrimonial disputes if parties reach an amicable settlement, as established in B.S. Joshi v. State of Haryana and other precedents.
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 FIRs in matrimonial disputes based on amicable settlements and mutual divorce decrees.
Cases arising from matrimonial differences should be put to a quietus if the parties have amicably resolved their disputes.
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.
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