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DINESH KUMAR SHARMA
Akram Ali – Appellant
Versus
State – Respondent
JUDGMENT
Dinesh Kumar Sharma, J. (Oral)
1. The present petition has been filed seeking quashing of case FIR No. 388/2018 dated 02.11.2018 registered under Sections 498A/406/34 IPC at PS Dwarka North, Delhi. The said FIR was lodged on the complaint of respondent No.2/wife against the petitioners herein.
2. Facts in brief are that the marriage between petitioner No. 1/husband and respondent No. 2/complainant - wife was solemnized on 04.01.2017 as per Muslim rites and customs. No child was born out of the wedlock. Thereafter owing to temperamental differences both the parties started residing separately since 15.08.2017. Several efforts were made to reconcile the parties, however the same did not fructify. Consequently, the present FIR was lodged by the respondent No. 2 against the petitioners herein. Respondent No.2 also filed a complaint under the DV Act bearing MC No. 488/2018 titled Saira vs Akram Ali against the petitioner No.1.
3. Ld. Counsel for the petitioners submits that however, now the parties have amicably settled all their disputes in terms of the settlement agreement dated 30.10.2021 on the following terms and conditions.
"1. It has been agreed and settled between
In matrimonial matters, amicable resolution and the prevention of court process abuse are crucial considerations for quashing FIRs and related proceedings.
In matrimonial matters, amicable settlement and dissolution of marriage as per personal law can lead to quashing of FIR and consequent proceedings.
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.
Settlement and withdrawal of complaints in matrimonial disputes can be valid grounds for quashing FIRs and criminal proceedings.
Matrimonial disputes should be put to rest if the parties have arrived at a genuine settlement, as established in previous judgments.
Genuine settlement in matrimonial disputes should lead to quashing of FIR and subsequent proceedings.
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 upon a genuine settlement, as established in relevant case law.
Matrimonial disputes should be put to quietus if the parties have arrived upon a genuine settlement.
In matrimonial matters, genuine settlement and mutual divorce can be valid grounds for quashing FIR and proceedings.
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