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IN THE HIGH COURT OF DELHI AT NEW DELHI
Suresh Kumar Kait, J.
Karan Nayyar Alias Vicky & Ors. - Appellants
Versus
State (NCT Of Delhi) & Anr. - Respondents
W.P. (Crl) No. 96 of 2021; Crl M A No. 731 of 2021
Decided On : 17-05-2021
Quashing - Matrimonial Dispute - The court quashed the FIR and consequent proceedings as the matrimonial dispute between the parties had been amicably settled through a Settlement Agreement reached at the Mediation Centre, and a decree of divorce had been granted by the Family Court.
Fact of the Case:
The petitioners sought the quashing of FIR No. 1092/2015, registered at police station Prashant Vihar, Delhi, citing the amicable settlement of their matrimonial dispute and the grant of a decree of divorce by the Family Court.
Finding of the Court:
The court, after considering the settlement agreement and the affirmation by respondent No.2, quashed the FIR and consequent proceedings, stating that no useful purpose would be served in prosecuting the petitioners any further.
Issues: Quashing of FIR and consequent proceedings in a matrimonial dispute.
Ratio Decidendi: The court's decision was influenced by the amicable resolution of the matrimonial dispute through a Settlement Agreement and the grant of a decree of divorce by the Family Court.
Final Decision: The court allowed the petition and disposed of the pending application as infructuous, quashing FIR No. 1092/2015 and the consequent proceedings.
JUDGMENT
Suresh Kumar Kait, J. - Vide this petition, quashing of FIR No. 1092/2015, registered at police station Prashant Vihar, Delhi is sought by petitioners.
2. Notice.
3. Ms. Richa Kapoor, learned Additional Standing Counsel for respondent No.1/State accepts notice and submits that respondent No.2 is present through video conferencing and she has been duly identified to be complainant of FIR in question by the Investigating Officer of this case, who is also present through video conferencing.
4. With the consent of both the sides, the present petition has been taken up for final hearing and disposal.
5. Learned counsel for petitioners submits that marriage between petitioner No.1 and respondent no.2 was solemnized on 30.11.2010 as per Hindu rites. However, due to different mindsets, temperaments and incompatibilities, they started living separately from 25.06.2015. Further submitted that the matrimonial dispute between petitioner No.1-husband and respondent No.2-wife stands amicably settled before Mediation Centre, Rohini Courts, Delhi in terms of Settlement Agreement dated 26.04.2018 and decree of divorce has been already granted by the Family Court on 11.03.2020.
6. Respondent No.2, present through video conferencing affirms that the matrimonial dispute has been amicably resolved in terms of Settlement Agreement dated 26.04.2018 reached through Mediation Centre, Rohini Courts, Delhi and terms thereof have been fully acted upon. Respondent No.2 submits that no grievance against petitioners survives and so, the FIR in question and proceedings emanating therefrom be quashed.
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. 1092/2015, registered at police station Prashant Vihar, Delhi and consequent proceedings emanating therefrom are hereby quashed.
9. The petition is, accordingly, allowed and disposed of.
10. Pending application is disposed of as infructuous.
The amicable settlement of a matrimonial dispute through a Settlement Agreement and the grant of a decree of divorce can be grounds for quashing an FIR and consequent proceedings.
Court quashed FIR upon confirmation of amicable resolution between parties, emphasizing that prosecution is unwarranted when no grievance remains.
The amicable settlement of a matrimonial dispute through mediation and the grant of a decree of divorce can be grounds for quashing FIR and consequent proceedings under relevant sections of the India....
The court can quash an FIR under IPC sections concerning matrimonial disputes when parties reach an amicable settlement, rendering further prosecution purposeless.
The central legal point established in the judgment is that an amicable settlement of a matrimonial dispute, resulting in the grant of a decree of divorce, can be a valid ground for quashing the FIR ....
The court can quash an FIR if parties have amicably settled their dispute, thereby declaring no utility in continuing criminal proceedings.
The central legal point established in the judgment is that an amicable settlement and dissolution of marriage can be grounds for quashing an FIR under relevant sections of the IPC.
The amicable resolution of a matrimonial dispute through mediation and the acceptance of settlement terms can lead to the quashing of FIR under relevant sections of the IPC.
The central legal point established in the judgment is the court's authority to quash FIR and consequent proceedings when the dispute between the parties has been amicably resolved through a Settleme....
The central legal point established in the judgment is that the court may quash an FIR and consequent proceedings if the parties have amicably settled their dispute and complied with the terms of the....
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