Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2021 Supreme(Del) 2020

IN THE HIGH COURT OF DELHI AT NEW DELHI
Suresh Kumar Kait, J.
Varun Sharma & Ors - Appellant
Versus
State (NCT Of Delhi) & Anr - Respondent
Crl M C No. 1184 of 2021
Decided On : 13-04-2021

Advocates appeared:
Rahul Saxena, Advocate, Panna Lal Sharma, Advocate, Anil Dutt Sharma, Advocate

The court has the discretion to quash FIR and consequent proceedings arising from a marriage dispute if an amicable settlement is reached between the parties and the complainant is unwilling to prosecute the matter further.

Headnote:
Quashing of FIR - Marriage Dispute - The court quashed the FIR and consequent proceedings arising from a marriage dispute after considering an amicable settlement between the parties and the complainant's unwillingness to prosecute the matter further.
Fact of the Case:

The petitioners sought direction for quashing of FIR No.38/2020, registered at Police Station Harsh Vihar, Delhi and consequent proceedings arising therefrom, citing extreme incompatibilities in their marriage and an amicable settlement reached between the parties.
Finding of the Court:

The court, after considering the amicable settlement between the parties and the complainant's unwillingness to prosecute the matter further, quashed the FIR and consequent proceedings.
Issues: The main issue was whether the court should quash the FIR and consequent proceedings arising from a marriage dispute in light of an amicable settlement between the parties and the complainant's unwillingness to prosecute the matter further.
Ratio Decidendi: The court's decision to quash the FIR and consequent proceedings was influenced by the amicable settlement between the parties and the complainant's unwillingness to prosecute the matter further, as it deemed that no useful purpose would be served in prosecuting the petitioners any further.
Final Decision: The court allowed the petition and quashed FIR No.38/2020, registered at Police Station Harsh Vihar, Delhi and consequent proceedings emanating therefrom.

JUDGMENT

Suresh Kumar Kait, J.

CRL. M.A. 6054/2021 (exemption)

1. Allowed, subject to all just exceptions.

2. Application is disposed of.

CRL.M.C.1184/2021

3. Vide the present petition, petitioners seek direction for quashing of FIR No.38/2020, registered at Police Station Harsh Vihar, Delhi 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 24.11.2017 as per Hindu rites and rituals. Due to extreme incompatibilities between petitioners and respondent no.2, they started living separately from 17.04.2018.

7. Petitioners and respondent no.2 entered into an amicable settlement vide MoU/Settlement/Compromise Deed dated 31.07.2020 and settled all their disputes amicably.

8. Complainant is present in person and has been identified by SI Vineet Kumar/IO 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.38/2020, registered at Police Station Harsh Vihar, Delhi and consequent proceedings emanating therefrom are quashed.

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

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