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2021 Supreme(Del) 1617
IN THE HIGH COURT OF DELHI AT NEW DELHI
Suresh Kumar Kait, J.
Avdesh Kumar Dubey - Appellant
Versus
State - Respondent
Crl M C (Criminal Miscellaneous Case) No. 454 of 2021
Decided On : 15-02-2021
Important Points
Subject
Criminal Law - Quashing of FIR in Matrimonial Dispute
Headnote
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 before the Delhi Mediation Centre, and the complainant expressed unwillingness to prosecute the matter further.
Fact of the Case:
The petitioners sought direction for quashing of FIR No.102/2011 registered at Police Station Burari and consequent proceedings arising from a matrimonial dispute. The parties had entered into an amicable settlement before the Delhi Mediation Centre.
Finding of the Court:
The court, considering the amicable settlement and the complainant's unwillingness to prosecute the matter further, 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 the matter further.
Final Decision: The court allowed the petition and quashed FIR No.102/2011 and consequent proceedings, and disposed of the pending application.
Ankit Dubey, Advocate, Izhar Ahmed, Advocate, Santwana, Advocate, Ravi Rai, Advocate
JUDGMENT
Suresh Kumar Kait, J. - The hearing has been conducted through video conferencing.
Crl. M.A. 2398/2021
1. Allowed, subject to all just exceptions.
2. Application is disposed of.
CRL.M.C. 454/2021
3. Vide the present petition, petitioners seek direction for quashing of FIR No.102/2011 dated 04.04.2011 registered at Police Station Burari 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 24.06.2006 as per Hindu rites and rituals. Due to extreme incompatibilities between petitioners and respondent no.2, they started living separately from 11.12.2007.
7. Petitioners and respondent no.2 with the intervention of their well wishers and relatives entered into an amicable settlement before the Delhi Mediation Centre, Tis Hazari Courts, Delhi vide settlement deed dated 23.07.2019 and settled all their disputes amicably.
8. It is agreed by counsel for the petitioner, on instructions, that the steps have already been taken for withdrawal of the pending appeal and he has undertaken before this court that pending appeal shall be withdrawn without further delay.
9. Complainant/Respondent no.2 is present in person and has been identified by SI Yogendra of Police Station Burari and submits that matter has been settled and she does not wish to prosecute the matter any further.
10. 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.
11. For the reasons afore-recorded, FIR No.102/2011 dated 04.04.2011 registered at Police Station Burari and consequent proceedings emanating therefrom are quashed.
12. The petition is, accordingly, allowed and disposed of.
13. Pending application also stands disposed of.
14. The order be uploaded on the website of this Court forthwith.
