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IN THE HIGH COURT OF DELHI AT NEW DELHI
Anoop Kumar Mendiratta, J.
Amit Kumar Sharma & Ors. - Appellants
Versus
The State of NCT of Delhi & Anr. - Respondents
Cr.M.C. 1566 of 2024
Decided On : 27-02-2024
Quashing of FIR - Amicable Settlement - The court quashed the FIR and proceedings emanating therefrom under Sections 498A/406/506/34 IPC and Section 4 of Dowry Prohibition Act, as the matter had been amicably settled between the parties.
Fact of the Case:
The petitioners sought quashing of FIR No. 756/2021, under Sections 498A/406/506/34 IPC and Section 4 of Dowry Prohibition Act, registered at P.S.: Welcome, as the marriage between petitioner No. 1 and respondent No. 2 had been amicably settled and a mutual consent divorce was granted.
Finding of the Court:
The court found that the matter had been amicably settled between the parties, and no useful purpose would be served by keeping the case pending. Consequently, the court quashed the FIR and the proceedings emanating therefrom.
Issues: The issue was whether the FIR and proceedings emanating therefrom should be quashed in view of the amicable settlement between the parties.
Ratio Decidendi: The court held that since the matter had been amicably settled between the parties, it would be an abuse of the process of the court to keep the case pending, and therefore, the FIR and proceedings were quashed.
Final Decision: The court quashed FIR No. 756/2021, under Sections 498A/406/506/34 IPC and Section 4 of Dowry Prohibition Act, registered at P.S.: Welcome, and disposed of the petition accordingly.
JUDGMENT
Anoop Kumar Mendiratta, J. (Oral)
CRL.M.A. 6122/2024
Exemption allowed, subject to just exceptions.
Application stands disposed of.
CRL.M.C. 1566/2024
1. Petition under 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. 756/2021, under Sections 498A/406/506/34 IPC and Section 4 of Dowry Prohibition Act, registered at P.S.: Welcome and proceedings emanating therefrom.
2. Issue notice. Learned APP for the State and learned counsel for respondent No.2 (through VC) alongwith 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 08.12.2019. No child was born out of the wedlock. Due to temperamental differences, respondent No.2 and petitioner No.1 started living separately. Present FIR was registered on the complaint of respondent No. 2.
4. The matter has been amicably settled between the parties vide Settlement Deed dated 09.11.2023. The first motion of divorce by way of mutual consent is stated to have been allowed on 19.12.2023 by learned Principal Judge, Family Courts, Karkardooma Courts.
5. An amount of Rs. 3,00,000/- has been paid today to respondent No.2 through Cheque No.136903 dated 27.02.2024 drawn on Canara Bank, Delhi Rohtas Nagar Branch in favour of respondent No. 2 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 in person have been identified by SI Manish, PS: Welcome. 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. 756/2021, under Sections 498A/406/506/34 IPC and Section 4 of Dowry Prohibition Act, registered at P.S.: Welcome and the proceedings emanating therefrom stand quashed.
Petition is accordingly disposed of. Pending applications, if any, also stand disposed of.
A copy of this order be forwarded to learned trial court for information.
The main legal point established is that in cases of amicable settlement between the parties, the court may quash FIR and proceedings emanating therefrom to prevent abuse of the court's process.
The court can quash an FIR under Section 482 Cr.P.C 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 FIR and proceedings when 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 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 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 court emphasized the importance of amicable settlements in matrimonial disputes and the exercise of inherent powers under section 482 of the Code to secure the ends of justice.
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 if the matter has been amicably settled between the parties and keeping the case pending would serve no useful purpose.
The court can exercise inherent powers to quash proceedings based on an amicable settlement between the parties in matrimonial disputes.
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