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IN THE HIGH COURT OF DELHI AT NEW DELHI
Suresh Kumar Kait, J.
Shanwaz & Ors. - Appellants
Versus
State (Govt Of NCT) & Anr. - Respondents
Crl M C No. 507 of 2021; Crl M A No. 2596 of 2021
Decided On : 18-02-2021
Quashing - Matrimonial Dispute - The court quashed the FIR and consequent proceedings arising from matrimonial dispute between the parties, as the dispute had been amicably resolved through mutual consent divorce and settlement reached through Family Court.
Fact of the Case:
The marriage between petitioner No.1/husband and respondent No.2/wife was solemnized as per Muslim Rites and Customs. Due to temperamental differences, they started living separately, which culminated into the FIR under Sections 498A/406/34 IPC. The parties settled their matrimonial dispute through mutual consent divorce and a settlement reached through Family Court.
Finding of the Court:
The court, after considering the amicable resolution of the matrimonial dispute and the mutual consent divorce, quashed the FIR and consequent proceedings, as no useful purpose would be served in continuing with the proceedings.
Issues: The main issue was the quashing of the FIR and consequent proceedings arising from the matrimonial dispute between the parties.
Ratio Decidendi: The court's decision was influenced by the amicable resolution of the matrimonial dispute through mutual consent divorce and settlement reached through Family Court, leading to the conclusion that continuing with the proceedings would not serve any useful purpose.
Final Decision: The court allowed and disposed of the petition, quashing FIR No.139/2017 and consequent proceedings against the petitioners.
JUDGMENT
Suresh Kumar Kait, J. - Vide this petition, petitioners are seeking quashing of FIR No.139/2017, under Sections 498A/406/34 IPC, registered at police station Gokul Puri, New Delhi.
2. Notice issued.
3. Mr. Izhar Ahmed, 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.
5. The marriage between petitioner No.1/husband and respondent No.2/wife was solemnized on 25.02.2015 as per Muslim Rites and Customs and due to temperamental differences, the marriage could not work and they started living separately since August, 2016. The matrimonial 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 matrimonial dispute in terms of Settlement dated 11.02.2020 reached through Family Court, Karkardooma Courts, Delhi.
7. Learned counsel for the petitioners submits that the marriage between petitioner No.1 and respondent No.2 stands dissolved by a mutual consent divorce on 19.02.2020 and as per Muslim Shariat and the terms of settlement have been fully acted upon. It is so affirmed by respondent No.2, who is also present in the Court.
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.139/2017, under Sections 498A/406/34 IPC, registered at police station Gokul Puri, New Delhi and consequent proceedings emanating therefrom against the petitioners, are hereby quashed.
10. The petition is accordingly allowed and disposed of.
11. Pending application also stands disposed of.
The central legal point established in the judgment is the court's authority to quash FIR and consequent proceedings arising from a matrimonial dispute when the parties have amicably resolved the dis....
Quashing of an FIR is warranted when parties amicably settle their matrimonial dispute, supported by a mutual consent divorce.
The court can quash FIR and consequent proceedings if the parties have amicably settled their dispute and are living together peacefully.
The central legal point established in the judgment is that the amicable resolution of a matrimonial dispute and the obtaining of divorce as per Muslim law can lead to the quashing of FIR and proceed....
The amicable resolution of a matrimonial dispute through mediation and the acceptance of settlement terms can lead to the quashing of FIR under relevant sections of the IPC.
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 ....
In matrimonial matters, amicable resolution and the prevention of court process abuse are crucial considerations for quashing FIRs and related proceedings.
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 ....
Amicable settlements between parties can lead to the quashing of FIRs, as continued proceedings serve no useful purpose.
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....
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