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IN THE HIGH COURT OF DELHI AT NEW DELHI
Suresh Kumar Kait, J.
Anikit Sood & Ors. - Appellants
Versus
State & Anr. - Respondents
W.P.(CRL) 776/2021
Decided On : 07-07-2021
Quashing of FIR - Matrimonial Dispute - The court quashed the FIR and consequent proceedings arising from a matrimonial dispute after the parties entered into an amicable settlement before the Family Courts, Delhi.
Fact of the Case:
The petitioners sought direction for quashing of FIR and consequent proceedings arising from a matrimonial dispute. The parties had entered into an amicable settlement before the Family Courts, Delhi.
Finding of the Court:
The court, considering the settlement between the parties and the complainant's submission, concluded that no useful purpose would be served in prosecuting the petitioners any further, and thus quashed the FIR and consequent proceedings.
Issues:
Ratio Decidendi: The court's decision was influenced by the amicable settlement between the parties and the complainant's unwillingness to prosecute the matter further.
Final Decision: The court allowed the petition and quashed the FIR and consequent proceedings.
JUDGMENT
(Oral)
The hearing has been conducted through video conferencing.
1. Vide the present petition, petitioners seek direction for quashing of FIR No. 367/2019 dated 01.07.2019 registered at Police Station Paschim Vihar and consequent proceedings arising therefrom.
2. Notice issued.
3. Notice is accepted by learned APP for State and by respondent no.2 present in person and with the consent of counsel for parties, present petition is taken up for final disposal.
4. Petitioner no.1 and respondent no.2 got married on 16.02.2015 as per Hindu rites and rituals. Due to extreme incompatibilities between petitioners and respondent no.2, they started living separately from 06.07.2018.
5. Petitioners and respondent no.2 with the intervention of their well wishers and relatives entered into an amicable settlement before the Counselling Cell, Family Courts, Vishwas Nagar, Delhi vide compromise-cum-settlement deed dated 25.09.2020 and settled all their disputes amicably.
6. Complainant is present in person and has been identified by W/SI Surabhi Aggarwal of Police Station Paschim Vihar and submits that matter has been settled and she does not wish to prosecute the matter any further.
7. Taking into account the aforesaid facts, this Court is inclined to quash FIR as no useful purpose would be served in prosecuting petitioners any further.
8. For the reasons afore-recorded, FIR No. 367/2019 dated 01.07.2019 registered at Police Station Paschim Vihar and consequent proceedings emanating therefrom are quashed.
9. The petition is, accordingly, allowed and disposed of.
The court can quash FIR and consequent proceedings in a matrimonial dispute if the parties have entered into an amicable settlement and the complainant is unwilling to prosecute the matter further.
Court recognizes amicable settlement in family disputes as a valid ground for quashing FIR, affirming that further prosecution serves no useful purpose.
An FIR can be quashed if the parties amicably settle their disputes and the complainant no longer wishes to proceed with prosecution.
A complainant's desire to not prosecute a matter, coupled with an amicable settlement, warrants quashing of the FIR to prevent unnecessary prosecution.
A settled dispute between parties, coupled with the complainant's wish not to pursue charges, justifies quashing of the FIR to serve no public interest.
Court quashed FIR based on amicable settlement between parties and no desire to pursue prosecution further.
The court has the discretion to quash FIR and consequent proceedings if an amicable settlement has been reached between the parties and there is no useful purpose in prosecuting the matter further.
The court affirmed that an amicable settlement between parties can justify the quashing of an FIR, especially when the complainant does not wish to pursue the case.
An FIR can be quashed when parties have settled their disputes amicably and there is no intention to prosecute, reflecting the principle of serving justice without unnecessary legal proceedings.
Amicable settlements between parties can lead to quashing of FIRs in criminal matters when continuation of prosecution serves no useful purpose.
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