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DINESH KUMAR SHARMA
Umang Dureja – Appellant
Versus
State – Respondent
JUDGMENT
Dinesh Kumar Sharma, J. (Oral)
CRL.M.A. 21307/2023
Exemption allowed subject to just exceptions.
Application stands disposed of.
CRL.M.C. 5648/2023
1. Present petition has been filed under section 482 Cr.P.C. r/w Article 227 of COI seeking quashing of case FIR No. 0271/2022 dated 25.03.2022 registered under sections 498A/406/34 IPC at PS Prashant Vihar and proceedings emanating therefrom. The said FIR was lodged on the complaint of the respondent No. 2/wife.
2. Facts in brief are that the marriage between the petitioner No.1/husband and respondent No. 2/wife was solemnized on 17.07.2021 as per Hindu Rites and Customs at Delhi. No child was born out of the wedlock. Thereafter, temperamental differences started erupting between the parties. Consequently, respondent No. 2 got registered the present FIR against the petitioners herein.
3. It has been submitted that while the proceedings were underway, with the intervention of friends and family members, the parties arrived at an amicable settlement vide Compromise Deed dated 27.07.2022 on the following terms and conditions:
"1. That it has been specifically agreed between the parties that the parties have now mutually settled all
Matrimonial disputes should be put to rest if the parties have genuinely settled.
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.
The court emphasized the importance of amicable settlements in matrimonial disputes and the exercise of inherent powers under section 482 of the Code to secure the ends of justice.
The need to put a quietus to matrimonial disputes when parties have arrived at a genuine settlement.
The court can exercise inherent powers to quash FIRs in matrimonial disputes based on amicable settlements and mutual divorce decrees.
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....
In matrimonial matters, genuine settlement and mutual divorce can be valid grounds for quashing FIR and proceedings.
In matrimonial matters, genuine settlements between parties should lead to the quashing of FIRs, as established by relevant case law.
Matrimonial disputes should be put to quietus if the parties have arrived upon a genuine settlement.
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