Back
IN THE HIGH COURT OF DELHI AT NEW DELHI
Suresh Kumar Kait, J.
Satyam Khanna & Anr. - Appellants
Versus
State NCT Of Delhi & Anr. - Respondents
Crl M C No. 538 of 2021; Crl M A No. 2695 of 2021, 2696 of 2021
Decided On : 19-02-2021
Quashing of FIR - Amicable Settlement - The court quashed the FIR under Sections 498A/406/34 IPC as the parties had amicably settled their dispute and the marriage had been dissolved through a decree of divorce.
Fact of the Case:
The petitioners sought quashing of FIR No.274/2016, under Sections 498A/406/34 IPC, as the parties had amicably settled their dispute and the marriage had been dissolved through a decree of divorce.
Finding of the Court:
The court found that the parties had amicably settled their dispute and the marriage had been dissolved through a decree of divorce, leading to the quashing of the FIR.
Issues: The main issue was whether the FIR under Sections 498A/406/34 IPC should be quashed due to the amicable settlement and dissolution of the marriage.
Ratio Decidendi: The court decided to quash the FIR as the dispute between the parties had been amicably resolved and no useful purpose would be served in continuing with the proceedings arising from the FIR.
Final Decision: FIR No.274/2016, under Sections 498A/406/34 IPC, and consequent proceedings were quashed, and the petition was allowed and disposed of.
JUDGMENT
Suresh Kumar Kait, J. - The hearing has been conducted through video conferencing.
1. By this petition, petitioners are seeking quashing of FIR No.274/2016, under Sections 498A/406/34 IPC, registered at police station Geeta Colony, Delhi and the proceedings emanating therefrom.
2. Notice issued.
3. Mr. Izhar Ahmed, 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 Officers of this case, who are 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 14.10.2015 and due to temporal differences, the marriage could not work and they started living separately since 14.12.2016. 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 Settlement-Agreement of 09.12.2019 arrived at Delhi High Court Mediation and Conciliation Centre. 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, Family Court, Saket Courts, New Delhi and decree of divorce has been granted on 16.12.2020.
7. Learned counsel for the petitioners submits that the terms of Settlement-Agreement dated 09.12.2019 have been acted upon and the balance amount of Rs.4,55,000/- has been paid to respondent No.2/complainant. Respondent No.2, present through video conferencing, affirms factum of receipt of balance amount and submits she has 'no objection' to quashing of FIR in question.
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.274/2016, under Sections 498A/406/34 IPC, registered at police station Geeta Colony, Delhi and consequent proceedings emanating therefrom are hereby quashed.
10. The petition is accordingly allowed and disposed of. Pending applications also stand disposed of.
11. The order be uploaded on the website of this Court forthwith.
The central legal point established in the judgment is that an amicable settlement and dissolution of marriage can be grounds for quashing an FIR under relevant sections of the IPC.
Amicable settlement in matrimonial disputes can lead to quashing of FIRs under IPC when no useful purpose would be served by ongoing proceedings.
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 Settleme....
The central legal point established in the judgment is that an amicable settlement of a matrimonial dispute, resulting in the grant of a decree of divorce, can be a valid ground for quashing the FIR ....
The central legal point established in the judgment is that the court may quash an FIR and consequent proceedings if the parties have amicably settled their dispute and complied with the terms of the....
Court can quash FIR under IPC when parties amicably settle their disputes, confirming resolution by mutual agreement.
The main legal point established is that the amicable resolution of a marriage dispute and the granting of a divorce decree can influence the court to quash the FIR and consequent proceedings.
Proceedings can be quashed when parties amicably resolve disputes post-FIR, emphasizing the significance of mutual settlement in matrimonial cases.
Court quashed FIR due to amicable settlement of matrimonial disputes, indicating that continued legal proceedings served no purpose.
Sought for quash of FIR - Amicable Settlement between parties - Dispute between the parties has been amicably resolved, this Court is inclined to quash FIR in question, as no useful purpose would be ....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
