Back
DINESH KUMAR SHARMA
Ravi Shekhar – Appellant
Versus
State of NCT of Delhi – Respondent
JUDGMENT
Dinesh Kumar Sharma, J. (Oral)
CRL.M.A. 14760/2023 (exemption)
Exemption is allowed subject to all just exceptions.
CRL.M.C. 3918/2023
1. The present petition has been filed under Section 482 Cr. PC seeking quashing of FIR No. 101/2018 registered at PS Farsh Bazar under Sections 498A/406/34 IPC.
2. Briefly stated facts of the case that the marriage between the parties got solemnized on 16.04.2016 according to Hindu rites and ceremonies. However, due to certain matrimonial discord and differences the parties are living separately since 24.10.2016. The present FIR was filed on the complaint of Respondent no.2/wife. There is no child born out of this wedlock.
3. Learned Counsel for the Petitioner submits that the parties have reached on an amicable settlement vide settlement deed dated 22.10.2022 at Family Court, Patiala House Courts, New Delhi, on the following terms and conditions:
"1. Whereas, the parties in pursuance of the above mentioned settlement agreement are willing and ready to severe their marital relationship.
2. Parties hereby have mutually agreed to dissolve their marriage by filing a joint petition for divorce by way of mutual consent U/s 13 (B) (1) of the Hindu
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.
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.
The importance of amicable settlements in matrimonial disputes and the court's power to quash proceedings under Section 482 of the Criminal Procedure Code.
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 central legal point established in the judgment is the court's authority to quash non-compoundable offences based on amicable settlements in matrimonial disputes, as provided under section 482 of....
Courts may exercise inherent powers to quash non-compoundable offences arising from matrimonial disputes if the parties have reached an amicable settlement, as established in previous judgments.
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.
Exercise of inherent powers under section 482 of the Code to quash non-compoundable offences after considering the nature of the offence and the amicable settlement between the concerned parties in m....
Courts have a duty to encourage amicable settlements in matrimonial disputes.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
