Back
IN THE HIGH COURT OF DELHI AT NEW DELHI
Suresh Kumar Kait, J.
Akram @ Mohd Akram & Anr. - Appellants
Versus
State NCT Of Delhi & Anr. - Respondents
Crl.M.C. No. 1445 of 2021
Decided On : 05-07-2021
Quashing of FIR - Family Dispute - The court quashed the FIR and consequent proceedings arising from a family dispute after the parties entered into an amicable settlement before the Family Courts, considering that no useful purpose would be served in prosecuting the petitioners any further.
Fact of the Case:
The petitioners sought direction for quashing of FIR and consequent proceedings arising from a family dispute. The parties had entered into an amicable settlement before the Family Courts.
Finding of the Court:
The court found that the matter had been settled amicably and the complainant did not wish to prosecute the matter any further, leading the court 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 family dispute in light of the amicable settlement between the parties.
Ratio Decidendi: The court's decision was influenced by the amicable settlement reached before the Family Courts and the complainant's unwillingness to prosecute the matter further, leading the court to conclude that no useful purpose would be served in continuing the proceedings.
Final Decision: The court allowed the petition and quashed the FIR No.1065/2016 dated 29.12.2016 registered at Police Station Nand Nagri and consequent proceedings emanating therefrom.
JUDGMENT
Suresh Kumar Kait, J. - The hearing has been conducted through video conferencing.
Crl. M.A. 9785/2021
1. Allowed, subject to all just exceptions.
2. Application is disposed of.
CRL.M.C.1445/2021
3. Vide the present petition, petitioners seek direction for quashing of FIR No.1065/2016 dated 29.12.2016 registered at Police Station Nand Nagri and consequent proceedings arising therefrom.
4. Notice issued.
5. Notice is accepted by learned APP for State and by counsel for respondent no.2 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 26.02.2012 as per Muslim rites and ceremonies. One female child was born out of the wedlock namely Ayra aged around 5 years. 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, Shahdara District, Delhi vide settlement deed dated 10.01.2020 and settled all their disputes amicably.
8. Complainant/Respondent no.2 is present in person and has been identified by SI Krishan of Police Station Nand Nagri 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.1065/2016 dated 29.12.2016 registered at Police Station Nand Nagri and consequent proceedings emanating therefrom are quashed.
11. The petition is, accordingly, allowed and disposed of.
The main legal point established in the judgment is that in cases of family disputes where parties have reached an amicable settlement and the complainant is unwilling to prosecute the matter further....
The High Court can quash an FIR when parties reach an amicable settlement and the complainant wishes to withdraw the prosecution, serving no useful purpose to continue legal proceedings.
The court has the discretion to quash FIR and consequent proceedings in a matrimonial dispute if the parties have entered into an amicable settlement and the complainant expresses unwillingness to pr....
The court can quash FIR and consequent proceedings arising from a marital dispute if an amicable settlement has been reached and the respondent is unwilling to prosecute the matter further.
The court can quash FIR and consequent proceedings in a matrimonial dispute if the parties have entered into an amicable settlement and the complainant expresses unwillingness to prosecute further.
A court can quash an FIR if the parties have reached an amicable settlement and the complainant no longer wishes to prosecute the matter, indicating no useful purpose in continuing proceedings.
The court can quash an FIR when the parties settle the dispute amicably and the complainant does not wish to pursue the case.
Amicable settlement between parties can justify quashing of FIR, especially when the complainant does not wish to proceed with prosecution.
The court can quash FIR and consequent proceedings in a matrimonial dispute if the parties have entered into an amicable settlement and the complainant expresses unwillingness to prosecute the matter....
The court can quash FIR and consequent proceedings if the parties have settled their disputes amicably and the respondent does not wish to prosecute the matter further.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
