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IN THE HIGH COURT OF DELHI AT NEW DELHI
Suresh Kumar Kait, J.
Hariom Rathor & Ors. - Appellants
Versus
State Government Of Nct Of Delhi - Respondent
Crl M C (Criminal Miscellaneous Case) No. 448 of 2021
Decided On : 15-02-2021
Quashing of FIR - Matrimonial Dispute - The court quashed the FIR and consequent proceedings arising from a matrimonial dispute after the parties entered into an amicable settlement, and the complainant expressed unwillingness to prosecute the matter further.
Fact of the Case:
The petitioners sought direction for quashing of FIR and consequent proceedings arising from a matrimonial dispute. The parties had entered into an amicable settlement, and the complainant expressed unwillingness to prosecute the matter further.
Finding of the Court:
The court, considering the amicable settlement and the complainant's unwillingness to prosecute, quashed the FIR and consequent proceedings.
Issues: Matrimonial dispute, quashing of FIR, amicable settlement, complainant's unwillingness to prosecute
Ratio Decidendi: 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.
Final Decision: The court allowed the petition and quashed the FIR and consequent proceedings arising from the matrimonial dispute.
JUDGMENT
Suresh Kumar Kait, J. - The hearing has been conducted through video conferencing.
Crl. M.A. 2380/2021
1. Allowed, subject to all just exceptions.
2. Application is disposed of.
CRL.M.C.448/2021
3. Vide the present petition, petitioners seek direction for quashing of FIR No.756/2014 dated 17.07.2014 registered at Police Station Uttam Nagar and consequent proceedings arising therefrom.
4. Notice issued.
5. Notice is accepted by learned APP for State and by counsel for respondent no.2 and with the consent of counsel for parties, present petition is taken up for final disposal.
6. Petitioner no.1 and respondent no.2 got married on 26.08.2013 as per Hindu rites and rituals. One male child was born out of the wedlock namely Kanha. Due to extreme incompatibilities between Petitioner no.1 and respondent no.2, they started living separately from 08.03.2014.
7. Petitioner no.1 and respondent no.2 with the intervention of their well wishers and relatives entered into an amicable settlement vide Memorandum of Understanding dated 14.01.2020 and settled all their disputes amicably.
8. Complainant/Respondent no.2 is present in person and has been identified by SI Sushma/IO and submits that matter has been settled and she does not wish to prosecute the matter any further.
9. Taking into account the aforesaid facts, this Court is inclined to quash FIR as no useful purpose would be served in prosecuting petitioners any further.
10. For the reasons afore-recorded, FIR No.756/2014 dated 17.07.2014 registered at Police Station Uttam Nagar and consequent proceedings emanating therefrom are quashed.
11. The petition is, accordingly, allowed and disposed of.
12. The order be uploaded on the website of this Court forthwith.
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.
Quashing of FIR is justified when the parties reach an amicable settlement and the complainant does not wish to pursue prosecution.
The main legal point established in the judgment is that in cases of family disputes where parties have reached an amicable settlement and the complainant is unwilling to prosecute the matter further....
The court can quash an FIR when the parties settle the dispute amicably and the complainant does not wish to pursue the case.
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....
Amicable settlement between parties can justify quashing of FIR, especially when the complainant does not wish to proceed with 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....
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.
An FIR can be quashed if both parties have entered into a mutually agreed settlement and the complainant no longer wishes to pursue the case, demonstrating that prosecution serves no useful purpose.
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 the matter....
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