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DINESH KUMAR SHARMA
Vivek Kumar – Appellant
Versus
State – Respondent
JUDGMENT
DINESH KUMAR SHARMA, J. (Oral)
CRL.M.A. 19785/2023
Exemption allowed subject to just exceptions.
Application stands disposed of.
CRL.M.C. 5205/2023
1. The present petition has been filed under section 482 Cr.P.C seeking quashing of case FIR No. 603/2016 registered under Sections 498A/406/34 IPC and Section 4 Dowry Prohibition act, at PS New Usmanpur, Delhi.
2. Briefly stated facts of the case are that Petitioner no.1/Husband and Respondent No.2/Wife got married on 31.01.2015 accordng to Hindu rites and ceremonies. However, Certain temperamental differences and disputes cropped up between the parties due the which the parties have been living separately since 04.12.2015. Thereafter, the present FIR was lodged at the statement of Respondent No.2.No child was born out of the wedlock.
3. Learned Counsel for the petitioner submits that during the pendency of the proceedings the parties have entered into an amicable settlement vide settlement deed dated 16.01.2020 on the following terms and conditions:
"1. The parties have dissolved their marriage by mutual consent in accordance with the law, as provided under section 13(B) of Hindu Marriage Act.
2. It is agreed between the parties
The duty of courts to encourage amicable settlements in matrimonial disputes and the need for proper drafting of settlement deeds.
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.
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 should encourage amicable settlements in matrimonial disputes and may quash related proceedings if the parties have voluntarily settled the matter.
Voluntary settlement in matrimonial disputes and the grant of divorce by mutual consent under the Hindu Marriage Act, 1955.
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 should encourage amicable settlements in matrimonial disputes and may exercise inherent power to quash proceedings under Section 482 Cr.P.C.
The central legal point established in the judgment is the court's authority to quash non-compoundable offences based on amicable settlements in matrimonial disputes, as provided under section 482 of....
The court can exercise inherent powers to quash proceedings based on an amicable settlement between the parties in matrimonial disputes.
The court has the inherent power under Section 482 Cr.P.C. to quash proceedings if the parties have settled the matter amicably, especially in matrimonial disputes.
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