The central legal point established in the judgment is the court's authority to quash FIR and consequent proceedings when the dispute between the parties has been amicably resolved through a Settlement Agreement.

Headnote:
Quashing - Settlement Agreement - The court quashed the FIR and consequent proceedings arising from the FIR under Sections 498A/406/34 IPC, as the dispute between the parties had been amicably resolved through a Settlement Agreement and the balance amount had been paid to the complainant.
Fact of the Case:

The marriage between the petitioner and respondent could not work, leading to disputes and differences, culminating in the filing of FIR No.546/2015 under Sections 498A/406/34 IPC.
Finding of the Court:

The court found that the parties had amicably settled their dispute in terms of a Settlement Agreement, and the balance amount had been paid to the complainant, leading to the conclusion that no useful purpose would be served in continuing with the proceedings arising from the FIR.
Issues: The main issue was the quashing of FIR No.546/2015 and the consequent proceedings under Sections 498A/406/34 IPC, in light of the amicable resolution of the dispute between the parties.
Ratio Decidendi: The court's decision was influenced by the amicable resolution of the dispute through a Settlement Agreement and the payment of the balance amount to the complainant, leading to the conclusion that quashing the FIR and consequent proceedings was appropriate.
Final Decision: The court allowed the petition and quashed FIR No.546/2015, under Sections 498A/406/34 IPC, registered at police station Moti Nagar, New Delhi, and the consequent proceedings emanating therefrom.

JUDGMENT

Suresh Kumar Kait, J. - The hearing has been conducted through video conferencing.

1. Vide the present petition, petitioners are seeking quashing of FIR No.546/2015, under Sections 498A/406/34 IPC, registered at police station Moti Nagar, New Delhi and all other proceedings arising therefrom.

2. Notice issued.

3. Mr. Panna Lal Sharma, learned Additional Public Prosecutor for State accepts notice and submits that respondent No.2 is present through video conferencing and she has been identified as the complainant of FIR in question by the Investigating Officer of this case, who is also present through video conferencing.

4. With the consent of the parties, the present petition is taken up for final hearing.

5. The marriage between petitioner No.1 and respondent No.2 was solemnized on 29.04.2012 and due to disputes and differences, the marriage could not work and they started living separately since 20.12.2013. 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 in terms of SettlementAgreement of 13.10.2020. It is stated that joint petition under Section 13 (1) (ia) and Section 13 B(2) under the Hindu Marriage Act, 1955 has been allowed by the learned Principal Judge (West District), Family Court, Tis Hazari Court, Delhi and decree of divorce has been granted on 21.01.2021.

7. Learned counsel for the petitioners submits that the terms of Settlement-Agreement of 13.10.2020 have been acted upon and today, the balance amount of Rs.2,00,000/- has been paid to respondent No.2/complainant.

8. Respondent No.2, present through video conferencing, affirms having received the balance amount of Rs.2,00,000/- from petitioners. She affirms the contents of her affidavit filed in support of this petition and submits that now, no grievance against the petitioners survives and proceedings arising out of FIR in question be brought to an end.

9. 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.

10. For the reasons afore noted, FIR No.546/2015, under Sections 498A/406/34 IPC, registered at police station Moti Nagar, New Delhi and consequent proceedings emanating therefrom are hereby quashed.

11. The petition is accordingly allowed and disposed of.

Click Here to Read the rest of this document