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IN THE HIGH COURT OF DELHI AT NEW DELHI
Suresh Kumar Kait, J.
Puneet Sharma & Ors - Appellant
Versus
State & Anr - Respondent
Criminal Miscellaneous Case No. 963 of 2021
Decided On : 23-03-2021
Quashing of FIR - Settlement of Disputes - The court quashed the FIR and consequent proceedings arising from a dispute between the parties after considering the amicable settlement reached between the parties and the fact that the complainant did not wish to prosecute the matter any further.
Fact of the Case:
The petitioners sought direction for quashing of FIR No.538/2016 registered at Police Station Sultanpuri, Delhi and consequent proceedings arising therefrom, based on disputes arising from their marriage.
Finding of the Court:
The court found that an amicable settlement had been reached between the parties, and the complainant did not wish to prosecute the matter any further, leading the court to quash the FIR and consequent proceedings.
Issues: Dispute arising from marriage, amicable settlement, and the complainant's wish not to prosecute the matter further.
Ratio Decidendi: The court considered the amicable settlement reached between the parties and the complainant's decision not to prosecute the matter further as grounds to quash the FIR and consequent proceedings.
Final Decision: The court quashed FIR No.538/2016 registered at Police Station Sultanpuri, Delhi and consequent proceedings emanating therefrom, and allowed and disposed of the petition.
JUDGMENT
Suresh Kumar Kait, J.
Crl. M.A. 4918/2021 (exemption)
1. Allowed, subject to all just exceptions.
2. Application is disposed of.
CRL.M.C.963/2021
3. Vide the present petition, petitioners seek direction for quashing of FIR No.538/2016 registered at Police Station Sultanpuri, 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 07.12.2014. Thereafter, disputes arose between the parties and subsequently, the present FIR was lodged.
7. Petitioners and respondent no.2 entered into an amicable settlement before the Counselling Cell, Family Courts, Dwarka, Delhi vide settlement dated 06.03.2019 and settled all their disputes amicably.
8. The total settlement amount is Rs. 2,25,000/-. It is submitted that the respondent no. 2 has already received an amount of Rs. 1,75,000/-. A demand draft bearing No.158179 in favour of respondent no.2 for the balance amount of Rs. 50,000/- is handed over to the respondent no. 2 today in the Court.
9. Complainant is present in person and has been identified by SI Parmender Kumar and submits that matter has been settled and she does not wish to prosecute the matter any further.
10. 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.
11. For the reasons afore-recorded, FIR No.538/2016 registered at Police Station Sultanpuri, Delhi and consequent proceedings emanating therefrom are quashed.
12. The petition is, accordingly, allowed and disposed of.
Court has the authority to quash FIRs in light of amicable settlements between parties, prioritizing resolution over prosecution.
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 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 prose....
A criminal FIR may be quashed when the parties reach an amicable settlement and the complainant chooses not to prosecute the case.
A court may quash an FIR when the parties have amicably settled their disputes and continued prosecution serves no useful purpose.
The court can quash FIR and consequent proceedings based on an amicable settlement reached between the parties, especially when the complainant does not wish to prosecute the matter any further.
Quashing of FIR is appropriate where an amicable settlement is reached, and the complainant wishes not to pursue the matter further.
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....
An FIR can be quashed when the complainant does not wish to prosecute after reaching an amicable settlement.
An FIR can be quashed when the parties reach an amicable settlement and express no intent to prosecute further, as it serves no useful purpose to continue legal proceedings.
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