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DINESH KUMAR SHARMA
Mukul Sharma Anr. – Appellant
Versus
State (Govt. of NCT Delhi) Anr. – Respondent
JUDGMENT
Dinesh Kumar Sharma, J. (Oral)--Present petition has been filed under section 482 CrPC seeking quashing of case FIR No. 119/2015 dated 13.02.2015 registered under Sections 498A/406/34 IPC at PS Paschim Vihar. The said FIR was lodged on the complaint of respondent No.2/wife against the petitioners.
2. Facts in brief are that the marriage between the petitioner No.1/husband and Respondent No.2/complainant - wife was solemnized on 19.01.2008 as per Hindu Rites and Customs. One child namely Malank Sharma was born out of the wedlock. Thereafter owing to temperamental differences, both the parties started residing separately since 01.12.2013.
3. Consequently, the respondent No. 2 got registered the present FIR against the petitioners. Chargesheet is stated to have been filed and the matter is pending trial before the Ld. MM, THC, Delhi in Crl. Case No. 14/2017. In addition to the present FIR, respondent No. 2 also filed a maintenance petition u/s 125 CrPC bearing Mt. Case No. 743/2018 which is pending adjudication before the Ld. PJFC, THC, Delhi.
4. Ld. counsel submits that while the above said maintenance petition was pending, the parties were referred to the Counselling Cell
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.
Matrimonial disputes should be put to rest if the parties have arrived at a genuine settlement, as established in previous judgments.
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.
In matrimonial matters, genuine settlements should be respected, and cases arising from such disputes should be put to rest if the parties have arrived at a genuine settlement.
Matrimonial disputes should be put to quietus if the parties have arrived upon a genuine settlement.
In matrimonial matters, genuine settlement and mutual divorce can be valid grounds for quashing FIR and proceedings.
The central legal point established is the court's authority to exercise inherent powers under section 482 of the Code to quash FIRs and proceedings based on amicable settlements in matrimonial dispu....
Matrimonial disputes should be put to rest if the parties have arrived at a genuine settlement and obtained a divorce by mutual consent.
The court can exercise inherent powers under section 482 of the Code to quash non-compoundable offences after considering the nature of the offence and the amicable settlement between the parties.
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