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IN THE HIGH COURT OF DELHI AT NEW DELHI
Suresh Kumar Kait, J.
Sunny @ Sunny Yadav & Ors. - Appellants
Versus
State Govt Nct Of Delhi & Anr. - Respondents
Criminal Miscellaneous Case No. 189 of 2021
Decided On : 22-01-2021
Quashing of FIR - Settlement of Disputes - The court allowed the quashing of FIR and consequent proceedings as the parties had settled their disputes amicably, and the respondent did not wish to prosecute the matter any further.
Fact of the Case:
The petitioner sought the quashing of FIR and all proceedings arising from it, citing the settlement of disputes with the respondent.
Finding of the Court:
The court found that the parties had settled their disputes amicably and the respondent did not wish to prosecute the matter any further, leading to the decision to quash the FIR and consequent proceedings.
Issues: Settlement of disputes, quashing of FIR, and the wishes of the respondent.
Ratio Decidendi: The court considered the amicable settlement between the parties and the respondent's lack of wish to prosecute the matter further as the basis for quashing the FIR and consequent proceedings.
Final Decision: The court allowed the petition and quashed FIR No. 429/2020 and consequent proceedings.
JUDGMENT
Suresh Kumar Kait, J. - CRL. M.A. 963/2021
1. Allowed, subject to all just exceptions.
2. Application is disposed of.
CRL.M.C.189/2021
3. Vide the present petition, petitioner seeks direction thereby for quashing of FIR No. 429/2020 dated 17.06.2020, registered at PS - Vasant Kunj, Delhi and all other proceedings arising therefrom.
4. Notice issued.
5. Notice is accepted by learned APP for State and by respondent no.2 in person through video conferencing and with the consent of counsel for parties, the present petition is taken up for final disposal.
6. The present petition is filed on the ground that parties have settled their disputes and respondent No. 2 has no objection if the present petition is allowed.
7. Petitioner no.1 and respondent no.2 got married on 07.02.2014 as per Hindu rites and rituals. One child was born out of the wedlock namely Baby Tiya. Due to extreme incompatibilities between petitioners and respondent no.2, they started living separately from 04.08.2016.
8. Petitioners and respondent no.2 with the intervention of their well wishers and relatives entered into an amicable settlement vide settlement deed dated 06.10.2020 and settled all their disputes amicably.
9. Respondent No. 2 is personally present in Court with learned counsel and she has been identified by SI Mukesh/IO 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. 429/2020 dated 17.06.2020, registered at PS - Vasant Kunj, Delhi and consequent proceedings emanating therefrom are quashed.
12. The petition is, accordingly, allowed and disposed of.
13. The order be uploaded on the website of this Court forthwith
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.
Amicable settlements between parties can justify the quashing of FIRs when no useful purpose is served by prosecution.
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....
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....
A court can quash an FIR if the parties have reached an amicable settlement and the complainant no longer wishes to prosecute the matter, indicating no useful purpose in continuing proceedings.
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 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.
Quash of Criminal proceedings - Settlement between parties - No useful purpose would be served in continuing proceedings.
The court can quash FIR and consequent proceedings based on an amicable settlement reached between the parties, especially when the complainant does not wish to prosecute the matter any further.
The court can quash FIR and consequent proceedings arising from a marital dispute if an amicable settlement has been reached and the respondent is unwilling to prosecute the matter further.
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