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IN THE HIGH COURT OF DELHI AT NEW DELHI
Suresh Kumar Kait, J.
Ashok Kr Gupta & Ors. - Appellants
Versus
State & Anr. - Respondents
Criminal Miscellaneous Case No. 191 of 2021; Criminal Miscellaneous Appeal No. 978 of 2021
Decided On : 22-01-2021
Quashing - Matrimonial Dispute - The court quashed the FIR and consequent proceedings arising from it as the matrimonial dispute between the parties had been resolved through a Memorandum of Understanding and the complainant expressed no objection to the quashing of the FIR.
Fact of the Case:
The petitioners sought the quashing of FIR No.136/2018, registered at police station South Rohini, New Delhi, and all other proceedings arising therefrom, citing the resolution of the matrimonial dispute between the parties through a Memorandum of Understanding.
Finding of the Court:
The court, after confirming the settlement between the parties and the complainant's lack of objection to the quashing of the FIR, decided to quash the FIR and consequent proceedings, as no useful purpose would be served in continuing with the proceedings arising from the FIR.
Issues: The main issue was the resolution of the matrimonial dispute and the complainant's willingness to quash the FIR.
Ratio Decidendi: The court's decision was influenced by the amicable resolution of the dispute through a Memorandum of Understanding and the complainant's lack of objection to the quashing of the FIR.
Final Decision: The court allowed the petition and quashed FIR No.136/2018, registered at police station South Rohini, New Delhi, and all consequent proceedings emanating therefrom.
JUDGMENT
Suresh Kumar Kait, J. - The hearing has been conducted through video conferencing.
1. Vide the present petition, petitioners are seeking quashing of FIR No.136/2018, registered at police station South Rohini, New Delhi and all other proceedings arising therefrom.
2. Notice issued.
3. Mr.G.M.Farooqui, learned Additional Public Prosecutor for State accepts notice and submits that respondent No.2 is present through video conference and she has been identified as the complainant of FIR in question by the Investigating Officer of this case, who is also present through video conferencing.
4. With the consent of the parties, the present petition is taken up for final disposal.
5. Petitioners are relatives of Arun Gupta, husband of respondent No.2/complainant, with whom respondent No.2 was having a matrimonial dispute at the time of registration of FIR in question. The present petition has been filed on the ground that the matrimonial dispute between Arun Gupta and respondent No.2 has been resolved in terms of Memorandum of Understanding dated 04.11.2020 and respondent No.2/complainant has stated that she does not wish to pursue the proceedings arising out of FIR in question.
6. Learned counsel for the petitioners submits that the terms of Memorandum of Understanding dated 04.11.2020 have been acted upon.
7. Respondent No.2 present through video conferencing affirms the factum of settlement with petitioners and submits she has no objection to the quashing of FIR in question.
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, the present petition is allowed and FIR No.136/2018, registered at police station South Rohini, New Delhi and consequent proceedings emanating therefrom are hereby quashed.
10. The petition and pending application are accordingly disposed of.
11. The order be uploaded on the website of this Court forthwith.
The court emphasized that an FIR can be quashed if the complainant affirms that the dispute is resolved and no longer wishes to pursue the proceedings.
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 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 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 ....
The court can quash an FIR if parties have amicably settled their dispute, thereby declaring no utility in continuing criminal proceedings.
FIRs arising from matrimonial disputes may be quashed upon mutual settlement and affirmation of the absence of grievances by both parties, thereby serving no useful purpose for continued legal procee....
Court quashed FIR upon confirmation of amicable resolution between parties, emphasizing that prosecution is unwarranted when no grievance remains.
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....
A matrimonial dispute resolved through a compromise deed justifies quashing the related FIR when the complainant expresses no remaining grievance.
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