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IN THE HIGH COURT OF DELHI AT NEW DELHI
Anoop Kumar Mendiratta, J.
Mohd. Arshad & Ors. - Appellants
Versus
State NCT of Delhi & Anr. - Respondents
Cr.M.C. 361 of 2024
Decided On : 19-03-2024
Section 482 - Quashing of FIR based on Amicable Settlement
Fact of the Case:
The petitioners sought to quash an FIR registered under Sections 498A/406/34 IPC, based on an amicable settlement between the parties involved in a marital dispute.
Finding of the Court:
The court found that the matter had been amicably settled between the parties without any threat, pressure, or coercion, and that no useful purpose would be served by keeping the case pending. The court concluded that quashing the FIR and the proceedings was appropriate, as it would be an abuse of the process of the court to continue with the case.
Issues: The main issue was whether the FIR should be quashed based on the amicable settlement between the parties.
Ratio Decidendi: The court's decision was influenced by the amicable settlement between the parties, the absence of any objection from the complainant, and the finding that continuing with the case would serve no useful purpose and would be an abuse of the court's process.
Final Decision: The court quashed the FIR No. 0494/2020 under Sections 498A/406/34 IPC, and the proceedings emanating therefrom, and disposed of the petition accordingly.
JUDGMENT
Anoop Kumar Mendiratta, J. (Oral)
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. 0494/2020 under Sections 498A/406/34 IPC, registered at P.S.: Dayal Pur, Delhi and the 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 customs and ceremonies on 16.04.2017. A female child was born out of the wedlock, who is presently in custody of respondent No. 2. Due to temperamental differences, petitioner No. 1 and respondent No. 2 started living separately since March, 2020. On complaint of respondent No. 2, present FIR was registered on 29.03.2020.
3. The disputes are stated to have been amicably resolved between the parties vide settlement deed dated 28.10.2023.
4. Balance amount of Rs. 1,00,000/- has been paid to respondent No. 2 today through DD No. 507014 dated 15.01.2024 drawn on Kotak Bank, Yamunavihar, Delhi in favour of respondent No. 2, towards full and final settlement between the parties.
5. 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.
6. Petitioners as well as respondent No. 2 are present in person and have been identified by ASI Rajendra Kumar, PS: Dayal Pur, 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.
7. 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. 0494/2020 under Sections 498A/406/34 IPC, registered at P.S.: Dayalpur, 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 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 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 FIR based on amicable settlement between the parties to prevent abuse of the court process.
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 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 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 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 the court's power to quash criminal proceedings or FIR in cases of amicable settlement, under Section 482 of the Code of Criminal Procedure, bas....
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