Back
IN THE HIGH COURT OF DELHI AT NEW DELHI
Suresh Kumar Kait, J.
Paras & Ors. - Appellants
Versus
State Govt Of NCT Of Delhi - Respondent
Criminal Miscellaneous Case No. 188 of 2021
Decided On : 22-01-2021
Quashing of FIR - Marital Dispute - The court quashed the FIR and consequent proceedings arising from a marital dispute after considering the amicable settlement between the parties and the respondent's unwillingness to prosecute the matter further.
Fact of the Case:
The petitioners sought direction for quashing of FIR No.685/2016 registered at Police Station Vijay Vihar, Delhi and consequent proceedings arising therefrom, citing extreme incompatibilities in their marriage and an amicable settlement reached before the Family Court.
Finding of the Court:
The court, considering the amicable settlement and the respondent's unwillingness to prosecute the matter further, quashed the FIR and consequent proceedings, deeming it futile to prosecute the petitioners any further.
Issues: Marital dispute, quashing of FIR, amicable settlement, unwillingness to prosecute
Ratio Decidendi: The court's decision was influenced by the amicable settlement reached before the Family Court and the respondent's unwillingness to prosecute the matter further, deeming it futile to continue the proceedings.
Final Decision: The court allowed the petition and quashed FIR No.685/2016 and consequent proceedings emanating therefrom.
JUDGMENT
Suresh Kumar Kait, J. - CRL. M.A. 960/2021 (exemption)
1. Allowed, subject to all just exceptions.
2. Application is disposed of.
CRL.M.C.188/2021
3. Vide the present petition, petitioners seek direction for quashing of FIR No.685/2016 dated 29.08.2016, registered at Police Station Vijay Vihar, Delhi and consequent proceedings arising therefrom.
4. Notice issued.
5. Notice is accepted by learned APP for State and by respondent no.2 present in person 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 01.05.2013. Due to extreme incompatibilities between petitioner no.1 and respondent no.2, they started living separately since May, 2016.
7. Petitioner no.1 and respondent no.2 entered into an amicable settlement before the Counselling Cell, Family Court, North/West Rohini, Delhi vide Settlement dated 06.12.2018 and settled all their disputes amicably.
8. Respondent No.2 is present in person and has been identified by SI Vijay (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.685/2016 dated 29.08.2016, registered at Police Station Vijay Vihar, Delhi 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 arising from a marital dispute if an amicable settlement has been reached and the respondent is unwilling to prosecute the matter further.
An FIR can be quashed when the parties reach an amicable settlement and express no intent to prosecute further, as it serves no useful purpose to continue legal proceedings.
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 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 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....
Quashing of FIR is justified when parties settle amicably and the complainant chooses not to pursue the prosecution, emphasizing the importance of the complainant's consent in criminal proceedings.
Court can quash FIR if parties reach amicable settlement and complainant wishes not to pursue charges, indicating no useful purpose in prosecution.
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.
A court may quash an FIR when the parties have amicably settled their disputes and continued prosecution serves no useful purpose.
In cases of amicable settlement between parties, and where prosecution serves no useful purpose, FIRs can be quashed according to Section 482 of the Code of Criminal Procedure.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
