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DINESH KUMAR SHARMA
Sh. Hemant Kumar – Appellant
Versus
State – Respondent
JUDGMENT
Dinesh Kumar Sharma, J. (Oral)
CRL.M.A. 18179/2023
Exemption allowed subject to just exceptions.
W.P.(CRL) 1966/2023
1. The present petition has been filed under Section 482 Cr. PC seeking quashing of FIR No. 428/2022 registered at PS Jafrabad, under Sections 498A/406/354B/34 IPC and 4 of Dowry Prohibition Act.
2. Briefly stated facts of the case are that marriage between Petitioner No.1/Husband and Respondent No.2/wife was solemnized on 10.12.2017 according to Hindu rites and customs. However, due to certain dispute and temperamental differences that arose between the parties, they started living separately since 22.12.2018. Thereafter, the present FIR was lodged on the statement of Respondent No.2/Wife. There is one girl child born out of this wedlock.
3. Learned Counsel for the Petitioner submits that during the pendency of the proceedings the parties have amicably settled the matter among themselves vide Mediation/Settlement Deed dated 19.11.2022 arrived at Delhi Mediation Centre, Karkardooma courts.
4. The Settlement Deed dated 19.11.2022 contains the following terms and conditions:
i. It is agreed by both the parties that there is no to irreconcilable possibil
Courts should encourage amicable settlements in matrimonial disputes and may quash related proceedings if the parties have voluntarily settled the matter.
The duty of courts to encourage amicable settlements in matrimonial disputes and the need for proper drafting of settlement deeds.
Voluntary settlement in matrimonial disputes and the grant of divorce by mutual consent under the Hindu Marriage Act, 1955.
Courts should encourage amicable settlements in matrimonial disputes and respect settlements entered into voluntarily without coercion.
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.
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.
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 court emphasized the exercise of inherent powers under section 482 of the Code to quash non-compoundable offences after considering the nature of the offences and the amicable settlement between ....
The voluntary nature of the settlement, absence of fear, force, or coercion, and the desire of the parties to live peacefully were central to the court's decision to quash the FIR and related proceed....
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.
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