Back
DINESH KUMAR SHARMA
Sh. Manoj Biswas – Appellant
Versus
State of NCT of Delhi – Respondent
JUDGMENT
Dinesh Kumar Sharma, J. (Oral)
CRL.M.A. 18365/2023 (exemption)
Exemption is allowed subject to all just exceptions.
CRL.M.C. 4808/2023
1. The present petition has been filed under Section 482 Cr. PC seeking quashing of case FIR No. 571/2019 registered at PS New Ashok Nagar under Sections IPC 498A/406/506/34 IPC on the basis of settlement.
2. Briefly stated facts of the case are that the petitioner No.1/Husband got married to respondent No.2/Wife on 05.02.2018 according to Hindu Rites, Customs and Ceremony. However, certain temperamental differences and disputes arose between the parties due to which the parties started living separately since 16.06.2019. Out of this wedlock, there is one male child namely Pranav Biswas born on 31.12.2018.
3. Learned Counsel for the petitioner submits that during the pendency of the proceedings the parties have reached at an amicable settlement vide Settlement/Compromise dated 13.03.2023 arrived at Delhi Mediation Centre, Karkardooma Courts, Delhi with the following terms and conditions:
i. It is agreed by the wife and the husband that there is no possibility of reunion due to irreconcilable differences and as such, they have decided t
Courts should encourage amicable settlements in matrimonial disputes and may quash related proceedings if the parties have voluntarily settled the matter.
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.
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.
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 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 ....
Courts have a duty to encourage amicable settlements in matrimonial disputes.
The duty of courts to encourage amicable settlements in matrimonial disputes and the need for proper drafting of settlement deeds.
Encouragement of voluntary settlements in matrimonial disputes and acceptance of such settlements by the court.
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
