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DINESH KUMAR SHARMA
Piyush Sharma – Appellant
Versus
State NCT of Delhi – Respondent
JUDGMENT
Dinesh Kumar Sharma, J. (Oral)
1. Present petition has been filed seeking quashing of case FIR No. 0619/2016 dated 26.10.2016 registered under Sections 406/498A/34 IPC at PS Vikaspuri, West 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 29.04.2015 as per Hindu rites and customs in Delhi. One male child namely Moditya alias Shivu was born out of the wedlock. However, owing to temperamental differences the parties started living separately since 23.12.2015. Thereafter, respondent no. 2/complainant got registered the present FIR against the petitioners herein. Chargesheet is stated to have been filed and the matter is pending adjudication before the learned Trial Court.
3. Besides the present FIR, various litigations emerged between the parties such as Respondent. No.2 filed a maintenance petition Mt. No. 620/2017, Execution Petition No. Ex/criminal/156/2022 and HMA No. 1619/2019, and a complaint u/s 12 of DV Act, against the Petitioner No.1 and his family members, pending before the court of Ld. Principal Judge, Family Court, Dwa
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 quietus if the parties have arrived upon a genuine settlement, and the court should ensure that the settlement is voluntary and without coercion.
Matrimonial disputes should be put to rest through genuine settlements, and the rights of children born out of the wedlock should be protected.
In matrimonial matters, genuine settlements between parties should lead to the quashing of FIRs, as established by relevant case law.
Matrimonial disputes should be put to quietus if the parties have arrived upon a genuine settlement.
Matrimonial disputes should be put to rest if the parties have arrived at a genuine settlement and obtained a divorce by mutual consent.
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 ....
In matrimonial matters, genuine settlement and mutual divorce can be valid grounds for quashing FIR and proceedings.
Matrimonial disputes should be put to rest when genuine settlements are reached, as emphasized in previous judgments.
The central legal point established in the judgment is the significance of genuine settlements in matrimonial disputes and the court's discretion to quash legal proceedings based on such settlements.
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