DINESH KUMAR SHARMA
Jai Kumar – Appellant
Versus
State (Govt. of NCT of Delhi) – Respondent
JUDGMENT
Dinesh Kumar Sharma, J. (Oral)--The present petition has been filed under section 482 Cr.P.C seeking quashing of case FIR No. 91/2020 under Sections 498A/406/34 IPC registered at PS Aman Vihar.
2. The Charge sheet has been filed.
3. Briefly stated facts of the case are that the marriage between Petitioner no.1/Husband and Respondent no.2/wife was solemnized on 12.03.2019 according to Hindu rites and ceremonies. However, certain temperamental differences cropped up between the parties after which the parties are living separately since 02.10.2019 and there has been no cohabitation between them since then. Thereafter the present FIR was lodged at the statement of Respondent no.2. There is no child born out of this wedlock.
4. Learned counsel for the petitioner submits that during the pendency of the proceedings the parties have amicably arrived at a settlement vide settlement deed dated 13.12.2022, and have decided to put a quietus to the matter. Therefore, the present FIR may be quashed.
5. The Settlement deed dated 13.12.2022 contains the following terms and conditions:
1. That it has been agreed between the parties that they shall get their marriage dissolved by a decre
The main legal principle established is the encouragement of amicable settlements in matrimonial disputes, as well as the voluntary nature of settlements and the absence of fear, force, or coercion.
The court can exercise inherent powers under section 482 of the Code to quash non-compoundable offences, especially in cases of amicable settlement in matrimonial differences.
Matrimonial disputes should be put to quietus if the parties have arrived upon a genuine settlement, and provisions of the Hindu Marriage Act, 1955, allow for divorce by mutual consent.
The court can quash FIRs in matrimonial disputes when a compromise has been achieved, as encouraged by the Supreme Court.
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 ....
The voluntary and amicable nature of a settlement in cases arising from matrimonial differences can be a basis for quashing non-compoundable offences under relevant legal provisions.
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 importance of amicable settlements in matrimonial disputes and the court's power to quash proceedings under Section 482 of the Criminal Procedure Code.
The court can exercise its inherent powers to quash FIR and proceedings based on amicable settlement in matrimonial disputes, as established in B.S. Joshi v. State of Haryana and K. Srinivas Rao v. D....
Courts should encourage amicable settlements in matrimonial disputes and respect settlements entered into voluntarily without coercion.
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