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IN THE HIGH COURT OF DELHI AT NEW DELHI
Anoop Kumar Mendiratta, J.
Pawan Kumar & Ors. - Appellants
Versus
State Govt. of NCT of Delhi & Anr. - Respondents
W.P.(Cr) 298 of 2024
Decided On : 21-02-2024
Quashing of FIR - Amicable Settlement - The court quashed the FIR and proceedings as the matter had been amicably settled between the parties, and it would be an abuse of the process of the court to keep the case pending.
Fact of the Case:
The petitioners sought to quash FIR No. 0613/2022, under Sections 498A/34 IPC, registered at P.S.: Dwarka South, Delhi, citing an amicable settlement between the parties.
Finding of the Court:
The court found that the matter had been amicably settled between the parties, and keeping the case pending would serve no useful purpose and would be an abuse of the process of the court.
Issues: The issue was whether the FIR and proceedings should be quashed in light of the amicable settlement between the parties.
Ratio Decidendi: The court decided to quash the FIR and proceedings as the matter had been amicably settled between the parties, and it would be an abuse of the process of the court to keep the case pending.
Final Decision: The court quashed FIR No. 0613/2022, under Sections 498A/34 IPC, registered at P.S.: Dwarka South, Delhi, and disposed of the petition and pending applications.
JUDGMENT
Anoop Kumar Mendiratta, J. (Oral) - Writ Petition under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973 (`Cr.P.C.') has been preferred on behalf of the petitioners for quashing of FIR No. 0613/2022, under Sections 498A/34 IPC, registered at P.S.: Dwarka South, Delhi.
2. Issue notice. Learned APP for the State and learned counsel for respondent No. 2 along with respondent No. 2 in person appear on advance notice and accept notice.
3. In brief, as per the case of the petitioners, marriage between petitioner No. 1 and respondent No. 2 was solemnized according to Hindu Rites and Ceremonies on 17.01.2022. No child was born out of the said wedlock. Due to temperamental differences between the parties, petitioner No. 1 and respondent No. 2 started living separately since 18.04.2022. On complaint of respondent No. 2, present FIR was registered on 29.11.2022.
4. The matter is stated to have been amicably resolved between the parties in terms of settlement deed dated 12.01.2023. The marriage between petitioner No. 1 and respondent No. 2 has been dissolved by mutual consent under Section 13B(2) of the Hindu Marriage Act as per decree of divorce dated 26.08.2023.
5. Balance amount of Rs.60,000/- has been paid to respondent No. 2 through Demand Draft No. 377886 dated 01.02.2024 drawn on Indusind Bank, Dwarka Sector-7 Branch, towards full and final settlement between the parties.
6. Learned APP for the State submits that in view of amicable settlement between the parties, the State has no objection in case the FIR in question is quashed.
7. Petitioners as well as respondent No. 2 are present in person and have been identified by W/SI Neeraj, PS: Dwarka South, Delhi. I have interacted with the parties and they confirm that the matter has been amicably settled between them without any threat, pressure or coercion. Respondent No. 2 also states that nothing remains to be further adjudicated upon between the parties and she has no objection in case the FIR in question is quashed.
8. Considering the facts and circumstances, since the matter has been amicably settled between the parties, no useful purpose shall be served by keeping the case pending. It would be nothing but an abuse of the process of Court. Consequently, FIR No. 0613/2022, under Sections 498A/34 IPC, registered at P.S.: Dwarka South, Delhi and the proceedings emanating therefrom stand quashed.
Petition is accordingly disposed of. Pending applications, if any, also stand disposed of.
The court has the discretion to quash FIR and proceedings if the matter has been amicably settled between the parties, and keeping the case pending would serve no useful purpose and would be an abuse....
The court has the discretion to quash FIR based on amicable settlement between the parties to prevent abuse of the court process.
The court can quash an FIR if the matter has been amicably settled between the parties and no useful purpose would be served by keeping the case pending.
The court has the discretion to quash an FIR if the matter has been amicably settled between the parties and keeping the case pending would serve no useful purpose.
The court can quash an FIR and proceedings if the matter has been amicably settled between the parties, and keeping the case pending would serve no useful purpose.
The court has the power to quash FIRs under Section 482 of the Code of Criminal Procedure when the matter has been amicably settled between the parties and keeping the case pending would serve no use....
The court has the discretion to quash FIR and proceedings if the matter has been amicably settled between the parties and no useful purpose would be served by keeping the case pending.
The central legal point established in the judgment is that an amicable settlement between the parties, coupled with the absence of objection from the State, can be grounds for quashing an FIR.
The court has the discretion to quash FIRs in cases where the matter has been amicably settled between the parties, and keeping the case pending would serve no useful purpose.
The court has the discretion to quash an FIR and related proceedings based on an amicable settlement between the parties, where it deems that no useful purpose would be served by continuing with the ....
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