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DINESH KUMAR SHARMA
Anuj Mishra – Appellant
Versus
State of Delhi – Respondent
JUDGMENT
Dinesh Kumar Sharma, J. (Oral)--The present petition has been filed under section 482 Cr.P.C seeking quashing of FIR No.139/2018 dated 11.07.2018 registered under sections 498A/406/34 IPC at PS Sonia Vihar and the proceedings arising therefrom.
2. Briefly stated facts of the case are that the parties got married on 28.04.2017 according to Hindu rites and ceremonies. However, temperamental differences arose between the parties. Thereafter the present FIR was lodged on the statement of Respondent no.2/wife. There is no child born out of this wedlock.
3. Learned counsel submits that during the pendency of the litigation the matter between the parties was settled in Counselling Cell, Family Courrts, Karkardooma Courts on 16.02.2022.
4. The Settlement deed dated 16.02.2022 contains the following terms and conditions:
"1. The parties have agreed to dissolve their marriage by mutual consent in accordance with the law, as provided under section 13(B)of the Hindu Marriage Act.
2. It is agreed between the parties that husband shall pay to the wife a sum of Rs.1,75,000/- (One Lacs Seventy Thousand) as full & final settlement (against istridhan and dowry, maintenance towards past, pre
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.
Voluntary settlement in matrimonial disputes and the grant of divorce by mutual consent under the Hindu Marriage Act, 1955.
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.
Courts have a duty to encourage amicable settlements in matrimonial disputes.
In matrimonial matters, genuine settlement and mutual divorce can be valid grounds for quashing FIR and proceedings.
The duty of courts to encourage amicable settlements in matrimonial disputes and the need for proper drafting of settlement deeds.
Matrimonial disputes should be put to rest if the parties have arrived at a genuine settlement, as established in previous judgments.
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 ....
Matrimonial disputes should be put to rest through genuine settlements, and the rights of children born out of the wedlock should be protected.
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