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IN THE HIGH COURT OF DELHI AT NEW DELHI
Suresh Kumar Kait, J.
Sumit Singh & Ors - Appellant
Versus
State ( Govt Of Delhi) & Anr - Respondent
Crl M C No. 956 of 2021
Decided On : 22-03-2021
Quashing - FIR - The court quashed the FIR and consequent proceedings arising from the dispute between the parties as they had amicably settled their dispute through a Settlement Agreement reached via mediation.
Fact of the Case:
The marriage of the petitioner and respondent resulted in a dispute leading to an FIR being filed. However, the parties later settled their dispute through mediation and were living together peacefully.
Finding of the Court:
The court found that the parties had amicably resolved their dispute and were living together peacefully, leading to the decision to quash the FIR and consequent proceedings.
Issues: Dispute between the parties, settlement through mediation, quashing of FIR and consequent proceedings.
Ratio Decidendi: The amicable resolution of the dispute through mediation and the peaceful cohabitation of the parties influenced the court's decision to quash the FIR and consequent proceedings.
Final Decision: The court allowed the petition and quashed the FIR No.446/2016 and consequent proceedings under Sections 498A/406/34 IPC & Section 4 of Dowry Prohibition Act.
JUDGMENT
Suresh Kumar Kait, J. - Vide present petition, petitioners are seeking quashing of FIR No.446/2016, under Sections 498A/406/34 IPC & Section 4 of Dowry Prohibition Act, registered at police station Aman Vihar, Delhi and all other proceedings arising therefrom.
2. Notice issued.
3. Mr. G.M.Farooqui, learned Additional Public Prosecutor for State accepts notice and submits that respondent No.2 is present in the Court and she has been identified as the complainant of FIR in question by the Investigating Officer of this case, who is also present in the Court.
4. With the consent of the parties, the present petition is taken up for final hearing and disposal.
5. The marriage of petitioner No.1/husband and respondent No.2/wife was solemnized on 01.07.2014 due to temporal differences, they started living separately since 28.08.2019. The dispute between the parties culminated into the FIR in question.
6. The present petition has been filed on the ground that the parties have amicably settled their dispute vide Settlement Agreement dated 29.06.2019 reached through Delhi Mediation Centre, Rohini District Courts, Delhi and they are happily and peacefully living together for last 1 years.
7. Respondent No.2 present in the Court submits that she has no grievance against the petitioner and to enable her to restore cordial relations with her husband and in-laws, proceedings arising out of FIR in question be brought to an end.
8. Keeping in view that the dispute between the parties has been amicably resolved, this Court is inclined to quash the FIR in question, as no useful purpose would be served in continuing with the proceedings arising out of the present FIR.
9. For the reasons afore noted, FIR No.446/2016, under Sections 498A/406/34 IPC & Section 4 of Dowry Prohibition Act, registered at police station Aman Vihar, Delhi and consequent proceedings emanating therefrom are hereby quashed.
10. The petition is accordingly allowed and disposed of.
Amicable settlement through mediation can lead to the quashing of FIR and consequent proceedings.
The court held that amicable settlements between parties substantiate grounds for quashing FIRs in dowry-related cases to prevent unnecessary legal proceedings.
The court emphasized the importance of amicable settlements in matrimonial disputes and the exercise of inherent powers under section 482 of the Code to secure the ends of justice.
The court can exercise inherent powers to quash proceedings based on an amicable settlement between the parties in matrimonial disputes.
The court can quash criminal proceedings based on an amicable settlement between the parties, as per the inherent power under Section 482 Cr.P.C. and established legal principles.
The court can quash an FIR under Section 482 Cr.P.C if the matter has been amicably settled between the parties and no useful purpose would be served by keeping the case pending.
The court emphasized the exercise of inherent powers under section 482 of the Code to quash non-compoundable offences after considering the nature of the offences and the amicable settlement between ....
The court can quash non-compoundable offences after considering the nature of the offence and the amicable settlement between the concerned parties, especially in cases arising out of matrimonial dif....
The main legal point established is that in cases of amicable settlement between the parties, the court may quash FIR and proceedings emanating therefrom to prevent abuse of the court's process.
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