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IN THE HIGH COURT OF DELHI AT NEW DELHI
Suresh Kumar Kait, J.
Subash Chandra Kumar & Anr. - Appellants
Versus
State (NCT Of Delhi) & Anr. - Respondents
Crl M C No. 1297 of 2021; Crl M A No. 6597 of 2021
Decided On : 26-04-2021
Quashing - Matrimonial Dispute - The court quashed the FIR and consequent proceedings under Sections 498-A/406/34 IPC as the matrimonial dispute between the parties had been amicably settled through mediation and a decree of divorce had been granted.
Fact of the Case:
The petitioners sought quashing of FIR No. 327/2018, under Sections 498-A/406/34 IPC, registered at police station Tilak Nagar, Delhi, stating that the matrimonial dispute between the parties had been amicably settled through mediation and a decree of divorce had been granted.
Finding of the Court:
The court, after considering the submissions of both parties and the fact that the matrimonial dispute had been settled through mediation, quashed the FIR and consequent proceedings under Sections 498-A/406/34 IPC.
Issues: The main issue was whether the FIR and consequent proceedings under Sections 498-A/406/34 IPC should be quashed in light of the amicable settlement of the matrimonial dispute between the parties.
Ratio Decidendi: The court's decision was influenced by the amicable settlement of the matrimonial dispute through mediation and the grant of a decree of divorce, leading to the conclusion that no useful purpose would be served in prosecuting the petitioners any further.
Final Decision: The court allowed the petition and quashed FIR No. 327/2018, under Sections 498-A/406/34 IPC, registered at police station Tilak Nagar, Delhi, along with the consequent proceedings.
JUDGMENT
Suresh Kumar Kait, J. - Vide this petition, quashing of FIR No. 327/2018, under Sections 498-A/406/34 IPC, registered at police station Tilak Nagar, Delhi is sought by petitioners.
2. Notice.
3. Mr. Amit Chadha, learned Additional Public Prosecutor for respondent No.1/State accepts notice and he 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 16.09.2015 as per Hindu rites. However, due to different mindsets, temperaments and incompatibilities, they started living separately from 01.01.2018. Further submitted that the matrimonial dispute between petitioner No.1-husband and respondent No.2-wife stands amicably settled before Mediation Centre, Tis Hazari Courts, Delhi in terms of Settlement dated 16.01.2020 and decree of divorce has been already granted by the Family Court on 28.01.2021.
6. Respondent No.2, present through video conferencing affirms that the matrimonial dispute has been amicably resolved through Mediation Centre, Tis Hazari Courts, Delhi and terms of settlement dated 16.01.2020 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. 327/2018, under Sections 498-A/406/34 IPC, registered at police station Tilak Nagar, 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 court can quash an FIR under IPC sections concerning matrimonial disputes when parties reach an amicable settlement, rendering further prosecution purposeless.
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.
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 central legal point established in the judgment is the court's authority to quash FIR and consequent proceedings arising from a matrimonial dispute when the parties have amicably resolved the dis....
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....
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.
Sought for quash of FIR - Amicable Settlement between parties - Dispute between the parties has been amicably resolved, this Court is inclined to quash FIR in question, as no useful purpose would be ....
The court can quash FIR and consequent proceedings if the parties have amicably settled their dispute and are living together peacefully.
Court quashed FIR due to amicable settlement of matrimonial disputes, indicating that continued legal proceedings served no purpose.
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