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IN THE HIGH COURT OF DELHI AT NEW DELHI
Suresh Kumar Kait, J.
Ravi Rakesh & Ors. - Appellants
Versus
State (Govt Of NCT Of Delhi) & Anr. - Respondents
Criminal Miscellaneous Case No. 2458 of 2020
Decided On : 19-01-2021
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 Family Courts, Delhi, and the complainant expressed unwillingness to prosecute the matter further.
Fact of the Case:
The petitioners sought direction for quashing of FIR No.203/2016 registered at Police Station CWC Nanakpura and consequent proceedings arising from a matrimonial dispute. The parties had entered into an amicable settlement before the Family Courts, Delhi.
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, unwillingness to prosecute
Ratio Decidendi: The court's decision was influenced by the amicable settlement between the parties and the complainant's express unwillingness to prosecute the matter further.
Final Decision: The court allowed the petition and quashed FIR No.203/2016 and consequent proceedings arising therefrom.
JUDGMENT
Suresh Kumar Kait, J. - Crl. M.A. 17360/2020
1. Allowed, subject to all just exceptions.
2. Application is disposed of.
CRL.M.C.2458/2020 & Crl.M.A. 17359/2020
3. Vide the present petition, petitioners seek direction for quashing of FIR No.203/2016 dated 09.11.2016 registered at Police Station CWC Nanakpura, and consequent proceedings arising therefrom.
4. Notice issued.
5. Notice is accepted by learned APP for State and by counsel for respondent no.2 with respondent no.2 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 23.02.2012 as per Hindu rites and rituals. One child was born out of the wedlock namely Master Vansh. Due to extreme incompatibilities between petitioner no.1 and respondent no.2, they started living separately from 17.12.2014.
7. Petitioner no.1 and respondent no.2 with the intervention of their well wishers and relatives entered into an amicable settlement before the Counselling Cell, Family Courts, Tis Hazari Courts, Delhi vide settlement deed dated 04.06.2019 and settled all their disputes amicably.
8. Complainant/Respondent no.2 is present in person and has been identified by Insp.Asha of Police Station CWC Nanakpura 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.203/2016 dated 09.11.2016 registered at Police Station CWC Nanakpura, and consequent proceedings emanating therefrom are quashed.
11. The petition is, accordingly, allowed and disposed of.
12. Pending application also stands disposed of.
13. The judgment be uploaded on the website of this Court forthwith.
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....
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 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.
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 if the parties have settled their disputes amicably and the respondent does not wish to prosecute the matter further.
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 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.
Matrimonial dispute – Settlement between parties - No useful purpose would be served in prosecuting petitioners any further - Proceedings quashed
Amicable settlements between parties can warrant the quashing of FIRs when continuation of prosecution serves no useful purpose.
The court can quash an FIR when both parties have amicably settled their disputes and the complainant does not wish to proceed with prosecution.
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