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SURESH KUMAR KAIT
Bhupender Kumar & Ors – Appellant
Versus
State & Anr – Respondent
JUDGMENT
Suresh Kumar Kait, J. - Vide the present petition, petitioners seek direction for quashing of FIR No.276/2017, registered at Police Station Keshav Puram and consequent proceedings arising therefrom.
2. Notice issued.
3. Notice is accepted by learned APP for State and by respondent no.2 present in person and with the consent of counsel for parties, present petition is taken up for final disposal.
4. Petitioner no.1 and respondent no.2 got married on 03.12.2012 as per Hindu rites and rituals. One child was born out of the wedlock namely master Kartik . Due to extreme incompatibilities between petitioners and respondent no.2, they started living separately from 16.01.2016.
5. Petitioners and respondent no.2 entered into an amicable settlement vide Memorandum of Understanding-cum-Settlement Deed for mutual Divorce dated 30.10.2018 and settled all their disputes amicably.
6. Complainant/Respondent No.2 is present in person and has been identified by SI Narender and submits that matter has been settled and she does not wish to prosecute the matter any further.
7. The total settlement amount is ?3,50,000/-. A demand draft bearing No.502539 dated 16.02.2021, for the balance amount of ?1,
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.
Mutual consent in marital disputes allows courts to quash FIRs when the parties have amicably settled their differences, reinforcing judicial efficiency.
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.
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.
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.
The court may quash an FIR in matrimonial disputes where parties have amicably settled and the complainant no longer wishes to pursue prosecution.
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....
When parties to a dispute reach an amicable settlement, continued prosecution of an FIR serves no useful purpose under the legal framework.
Quashing of FIR is appropriate where an amicable settlement is reached, and the complainant wishes not to pursue the matter further.
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