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DINESH KUMAR SHARMA
Pawan Kumar – Appellant
Versus
State – Respondent
JUDGMENT
Dinesh Kumar Sharma, J. (Oral)--Present petition has been filed under section 482 Cr.P.C. seeking quashing of case FIR No. 256/2016 dated 27.05.2016 registered under sections 498A/406/34 IPC at PS Nangloi 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 05.12.2014 as per Hindu Rites and Customs. No child was born out of the wedlock. Thereafter, owing to temperamental differences the parties started residing separately since 02.09.2015. Subsequently, respondent No. 2 lodged a complaint before the CAW Cell which culminated into the present FIR against the petitioners herein. Chargesheet is stated to have been filed and the matter is pending adjudication before the Ld. MM, THC, Delhi.
3. It has been submitted that while the proceedings were underway, the parties were referred to the Counselling Cell, Family Courts, whereby, the parties amicably and voluntarily settled all their disputes on 15.10.2018 on the following terms and conditions:
"1 The parties have agreed to dissolve their ma
Matrimonial disputes should be put to quietus if the parties have arrived upon a genuine settlement.
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.
Matrimonial disputes should be put to rest if the parties have arrived at a genuine settlement, as established in previous judgments.
The need to put a quietus to matrimonial disputes when parties have arrived at a genuine settlement.
In matrimonial matters, genuine settlement and mutual divorce can be valid grounds for quashing FIR and proceedings.
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 ....
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 if the parties have arrived upon a genuine settlement.
Matrimonial disputes should be put to rest through genuine settlements, and the rights of children born out of the wedlock should be protected.
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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