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DINESH KUMAR SHARMA
Kundan Roy – Appellant
Versus
State (Govt. NCT of Delhi) Through Sho – Respondent
JUDGMENT
Dinesh Kumar Sharma, J. (Oral)--Present petition has been filed under section 482 CrPCseeking quashing of case FIR No. 0013/2022 dated 04.01.2022 registered under sections 498A/406/377/34 IPC at PS DayalPur and the subsequent 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 16.02.2020 as per Hindu Rites and Customs at Bihar. No child was born out of the wedlock. Thereafter, owing to temperamental differences the parties started residing separately since 24.08.2020. Consequently, respondent No. 2 got registered the present FIR against the petitioners herein. Chargesheet is stated to not have been filed yet. In addition to the present FIR, the respondent No. 2/wife also filed a maintenance petition u/s 125 Cr.P.C. bearing MT. Case No. 370/2021 and a complaint case bearing CC No. 668/2021 under the DV Act, both pending before the Karkardooma Courts, Delhi.
3. It has been submitted that while the proceedings were underway, the parties were referred to the Counselling Cell, Family Courts, whereby, the par
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 settlement and mutual divorce can be valid grounds for quashing FIR and proceedings.
Matrimonial disputes should be put to quietus if the parties have arrived upon a genuine settlement.
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 genuinely settled.
The need to put a quietus to matrimonial disputes when parties have arrived at a genuine settlement.
Matrimonial disputes should be put to quietus if the parties have arrived upon a genuine settlement, and the court should ensure that the settlement is voluntary and without coercion.
The court can exercise inherent powers under Section 482 of the Code to quash FIRs in matrimonial disputes if the parties have reached an amicable settlement.
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