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IN THE HIGH COURT OF DELHI AT NEW DELHI
Anoop Kumar Mendiratta, J.
Fayyaj Sultan @ Faiyaz Sultan & Ors. - Appellants
Versus
The State Govt. of NCT of Delhi & Anr. - Respondents
W.P.(Cr) 91 of 2024
Decided On : 12-03-2024
Quashing of FIR - Marriage Dispute - 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 quashing of FIR registered under Sections 498A/406/34 IPC and Section 4 of the Dowry Prohibition Act, stating that the marriage dispute had been amicably settled between the parties.
Finding of the Court:
The court found that the matter had indeed been amicably settled between the parties and concluded that keeping the case pending would serve no useful purpose and would be an abuse of the court's process.
Issues: The main issue was whether the FIR and proceedings should be quashed in light of the amicable settlement between the parties.
Ratio Decidendi: The court's decision was influenced by the amicable settlement between the parties and the absence of any useful purpose in keeping the case pending.
Final Decision: The court quashed FIR No. 702/2014 under Sections 498A/406/34 IPC and Section 4 of the Dowry Prohibition Act registered at P.S.: Seelampur, Delhi and the proceedings emanating therefrom.
JUDGMENT
Anoop Kumar Mendiratta, J. (Oral)
1. 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. 702/2014 under Sections 498A/406/34 IPC and Section 4 of the Dowry Prohibition Act registered at P.S.: Seelampur, Delhi and proceedings emanating therefrom.
2. In brief, as per the case of the petitioners, marriage between petitioner No. 1 and respondent No. 2 was solemnized according to Muslim Rites and Customs on 21.10.2012. No child was born out of the said wedlock. Due to temperamental differences petitioner No. 1 and respondent No. 2 started living separately since December, 2013. On complaint of respondent No. 2, present FIR was registered on 22.10.2014.
3. The disputes are stated to have been amicably resolved between the parties in terms of settlement deed dated 17.10.2023. Petitioner No. 1 is also stated to have given Talaq to respondent No. 2 as per Muslim Shariat Law on 19.12.2013.
4. 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.
5. Petitioner No. 1 (through VC), petitioner Nos. 2 and 3 and respondent No. 2 (in person) have been identified by SI Deepa, PS: Seelampur, Delhi. Presence of petitioner Nos. 4 and 5 is exempted. 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.
6. 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. 702/2014 under Sections 498A/406/34 IPC and Section 4 of the Dowry Prohibition Act registered at P.S.: Seelampur, Delhi 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 the learned Trial Court for information.
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 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 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 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 ....
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....
Amicable settlement through mediation can lead to the quashing of FIR and consequent proceedings.
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 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 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.
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