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IN THE HIGH COURT OF DELHI AT NEW DELHI
Suresh Kumar Kait, J.
Ujjwal Chauhan & Ors. - Appellants
Versus
NCT Of Delhi & Anr. - Respondents
Criminal Miscellaneous Case No. 324 of 2021; Criminal Miscellaneous Appeal No. 1674 of 2021, 1675 of 2021
Decided On : 04-02-2021
Quashing - Matrimonial Dispute - The court quashed the FIR and proceedings under Sections 498A/406/34 IPC as the matrimonial dispute between the parties had been amicably resolved and the complainant was happily living with the petitioner/husband.
Fact of the Case:
The petition sought quashing of FIR No. 766/2016, under Sections 498A/406/34 IPC, registered at police station Malviya Nagar, New Delhi, as the matrimonial dispute between the parties had been amicably resolved.
Finding of the Court:
The court found that the dispute between the parties had been amicably resolved and the complainant was happily living with the petitioner/husband, leading to the decision to quash the FIR and proceedings.
Issues: The issue was whether the FIR and proceedings under Sections 498A/406/34 IPC should be quashed due to the amicable resolution of the matrimonial dispute.
Ratio Decidendi: The court decided to quash the FIR and proceedings as no useful purpose would be served in continuing with the proceedings arising out of the FIR, considering the amicable resolution of the dispute and the complainant's happiness in living with the petitioner/husband.
Final Decision: The petition was allowed, and FIR No. 766/2016, under Sections 498A/406/34 IPC, registered at police station Malviya Nagar, New Delhi, and proceedings emanating therefrom, were quashed.
JUDGMENT
Suresh Kumar Kait, J. - The hearing has been conducted through video conferencing.
1. Quashing of FIR No. 766/2016, under Sections 498A/406/34 IPC, registered at police station Malviya Nagar, New Delhi is sought in this petition.
2. Notice issued.
3. Mr. Izhar Ahmed, learned Additional Public Prosecutor for respondent No.1/State accepts notice and submits that petitioners and respondent No.2 are present through video conference and they have been identified by the Investigating Officer of this case, who is also present through video conferencing.
4. With the consent of learned counsel for the parties, the present petition is taken up for final hearing and disposal.
5. Petitioner No.1 is the husband, petitioners No.2 & 3 are the parents in law and petitioners No.4 & 5 are the sister in laws (nanad) respondent No.2/complainant. Marriage between petitioner No.1 and respondent No.2 was solemnized on 12.12.2013. However, due to constraint relationship, they started living separately, which culminated into registration of FIR in question.
6. The present petition has been filed on the ground that the matrimonial dispute between the parties has been amicably resolved in terms of Memorandum of Understanding/Compromise Deed dated 16.09.2017 and that parties are now living together.
7. Respondent No.2, present in the Court, submits that the dispute with petitioners has been amicably resolved and she is happily and peacefully living with petitioner/husband and therefore, the FIR in question and proceedings emanating therefrom be quashed.
8. In view of the fact that respondent No.2, who is the complainant of FIR in question, is happily living with petitioner/husband, 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. The petition is accordingly allowed and FIR No. 766/2016, under Sections 498A/406/34 IPC, registered at police station Malviya Nagar, New Delhi and proceedings emanating therefrom, are hereby quashed.
10. The petition is accordingly disposed of.
11. Pending application also stands disposed of.
12. The order be uploaded on the website of this Court forthwith.
The central legal point established in the judgment is the court's authority to quash FIR and proceedings under Sections 498A/406/34 IPC when the matrimonial dispute has been amicably resolved and no....
The Court can quash an FIR if the underlying matrimonial dispute has been amicably resolved, affirming the principle that continuation of proceedings serves no purpose when parties are satisfied with....
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The amicable settlement of a matrimonial dispute, as evidenced by a Memorandum of Understanding-cum-Compromise Deed and the affirmation of the complainant, can be a basis for quashing FIR and proceed....
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....
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.
The central legal point established in the judgment is the court's authority to quash an FIR and consequent proceedings when a matrimonial dispute has been amicably resolved and the complainant expre....
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 the court's authority to quash FIR and consequent proceedings when the dispute between the parties has been amicably resolved through a Settleme....
Court quashed FIR due to amicable settlement of matrimonial disputes, indicating that continued legal proceedings served no purpose.
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