Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2021 Supreme(Del) 2142

IN THE HIGH COURT OF DELHI AT NEW DELHI
Suresh Kumar Kait, J.
Praveen Kumar - Appellant
Versus
State Of GNCT Of Delhi & Anr. - Respondents
Crl.M.C.1449/2021
Decided On : 06-07-2021

Advocates appeared:
Ms. Deepakshi Jain Vij, Adv. with Mr. Aseem Nayyar, Adv. with in person, for the Petitioner; Mr. Izhar Ahmed, APP, SI Sanjiv PS Defence Colony, for the State; in person, for the Respondent No. 2

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.

Headnote:
Quashing of FIR - Marriage Dispute - The court quashed the FIR and consequent proceedings arising from a marriage dispute after the parties entered into an amicable settlement before the Family Courts, Saket.
Fact of the Case:

The petitioners sought direction for quashing of FIR No.92/2017 registered at Police Station Chitranjan Park and consequent proceedings arising from a marriage dispute. The parties had entered into an amicable settlement before the Family Courts, Saket.
Finding of the Court:

The court found that the matter had been settled amicably between the parties and the complainant did not wish to prosecute the matter any further. Considering these facts, the court was inclined to quash the FIR and consequent proceedings.
Issues: The main issue was whether the court should quash the FIR and consequent proceedings arising from the marriage dispute in light of the amicable settlement between the parties.
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, leading the court to conclude that no useful purpose would be served in prosecuting the petitioners any further.
Final Decision: The court quashed FIR No.92/2017 dated 04.09.2017 registered at Police Station Chitranjan Park and consequent proceedings emanating therefrom, and allowed and disposed of the petition accordingly.

JUDGMENT

(Oral)

The hearing has been conducted through video conferencing.

Crl. M.A. 9898/2021

1. Allowed, subject to all just exceptions.

2. Application is disposed of.

Crl. M.C. 1449/2021

3. Vide the present petition, petitioners seek direction for quashing of FIR No.92/2017 dated 04.09.2017 registered at Police Station Chitranjan Park and consequent proceedings arising therefrom.

4. Notice issued.

5. Notice is accepted by learned APP for State and by counsel for respondent no.2/respondent no.2 present in person and with the consent of counsel for parties, present petition is taken up for final disposal.

6. Petitioner no.1 and respondent no.2 got married on 05.12.2007 as per Hindu rites and rituals. Due to extreme incompatibilities between petitioners and respondent no.2, they started living separately.

7. 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, Saket vide settlement deed dated 26.04.2019 and settled all their disputes amicably.

8. Complainant/respondent no.2 is present in person through video conferencing and has been identified by SI Sanjiv of Police Station Defence Colony 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 FIR as no useful purpose would be served in prosecuting petitioners any further.

10. For the reasons afore-recorded, FIR No.92/2017 dated 04.09.2017 registered at Police Station Chitranjan Park and consequent proceedings emanating therefrom are quashed.

11. The petition is, accordingly, allowed and disposed of.

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