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IN THE HIGH COURT OF DELHI AT NEW DELHI
SURESH KUMAR KAIT, J.
Prakash And Others - Appellant
Versus
State And Another - Respondent
Criminal Miscellaneous Case No. 4419 of 2019
Decided On : 04-09-2019
Quashing of FIR - Matrimonial Dispute - The court quashed the FIR and consequent proceedings arising from the matrimonial dispute between the parties after considering the amicable settlement and the fact that the complainant did not wish to prosecute the matter any further.
Fact of the Case:
The petitioners sought quashing of FIR No. 263/2014 registered for offences under Sections 498A/406/34 of the IPC arising from a matrimonial dispute. The parties had entered into an amicable settlement before the Delhi Mediation Centre and the complainant did not wish to prosecute the matter further.
Finding of the Court:
The court, after considering the settlement and the complainant's reluctance to proceed, quashed the FIR and consequent proceedings, as it deemed no useful purpose would be served in prosecuting the petitioners further.
Issues: Matrimonial dispute, quashing of FIR, amicable settlement, complainant's reluctance to prosecute.
Ratio Decidendi: The court's decision to quash the FIR was influenced by the amicable settlement between the parties and the complainant's express unwillingness to proceed with the case.
Final Decision: The court allowed the petition and quashed the FIR No. 263/2014 and consequent proceedings arising from the matrimonial dispute.
JUDGMENT :
SURESH KUMAR KAIT, J.
Crl.M.A. 35025/2019 (Exemption)
1. Allowed, subject to all just exceptions.
2. This application is, accordingly, disposed of.
Crl.M.C.4419/2019 & Crl.M.A. 35024/2019
3. Vide the present petition, the petitioners seek quashing of FIR No. 263/2014 registered at Police Station Mian Wali instituted for the offences punishable under Sections 498A/406/34 of the IPC and consequent proceedings arising therefrom.
4. Notice issued.
5. Notice is accepted by learned APP for the State and counsel for the respondent no.2 and with the consent of the counsel for the parties, the present petition is taken up for final disposal.
6. The petitioner no.1 and respondent no.2 got married on 22.11.2004. Due to extreme incompatibilities between the petitioners and respondent no.2, they started living separately from 11.06.2012.
7. The petitioner no.1 and respondent no.2 with the intervention of their well wishers and relatives entered into an amicable settlement before the Delhi Mediation Centre, Tis Hazari Courts, Delhi vide settlement deed dated 06.01.2015 whereby they settled all their disputes amicably and started living together as husband and wife, to discharge their matrimonial obligations against each other.
8. The complainant/respondent no.2 is present in person and has produced her Voter ID Card issued by Election Commission of India bearing No.IPN2456761 (Original Seen and Returned) and submits that matter has been settled and she does not wish to prosecute the matter any further.
9. Taking into account the aforesaid facts, this Court is inclined to quash the concerned FIR as no useful purpose would be served in prosecuting the petitioners any further.
10. For the reasons afore-recorded, the FIR No. 263/2014 registered at Police Station Mian Wali instituted for the offences punishable under Sections 498A/406/34 of the IPC and consequent proceedings are quashed.
11. The petition is allowed accordingly.
12. Order dasti.
13. Pending application also stands disposed of.
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