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IN THE HIGH COURT OF DELHI AT NEW DELHI
Anoop Kumar Mendiratta, J.
Naveen And Others - Appellant
Versus
The State NCT of Delhi & Anr. - Respondents
Cr.M.C. 421 of 2024
Decided On : 18-01-2024
Section 482 - Quashing of FIR - Amicable Settlement
Fact of the Case:
The petitioners sought quashing of FIR registered under Sections 489A/406/34 IPC due to amicable settlement between the parties following their divorce.
Finding of the Court:
The court found that the matter had been amicably settled between the parties without any threat, pressure, or coercion, and concluded that keeping the case pending would be an abuse of the process of the court.
Issues: The issue was whether the FIR should be quashed in light of the amicable settlement between the parties.
Ratio Decidendi: The court considered the amicable settlement between the parties and the absence of any further adjudication needed, leading to the decision to quash the FIR.
Final Decision: FIR No. 1182/2018 under Sections 489A/406/34 IPC registered at P.S.: Mangolpuri, Delhi and proceedings emanating therefrom were quashed.
JUDGMENT
Anoop Kumar Mendiratta, J. (Oral)
CRL.M.A. 1656/2024
Exemption allowed, subject to just exceptions.
Application stands disposed of.
CRL.M.C. 421/2024
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. 1182/2018 under Sections 489A/406/34 IPC registered at P.S.: Mangolpuri, Delhi and proceedings emanating therefrom.
2. Issue notice. Learned APP for the State and learned counsel for respondent No. 2 alongwith respondent No. 2 in person appear on advance notice and accept notice.
3. In brief, as per the case of the petitioner, marriage between petitioner No. 1 and respondent No. 2 was solemnized according to Hindu rites and ceremonies on 10.12.2012. No child is stated to be born out of the wedlock. Due to temperamental differences, respondent No. 2 and petitioner No. 1 could not live together and have been living separately since August, 2017. On complaint of respondent No. 2, present FIR was registered.
4. The matter is stated to have been amicably resolved between the parties in terms of settlement deed dated 26.08.2022. The marriage between petitioner No. 1 and respondent No. 2 is stated to have been dissolved by decree of divorce by way of mutual consent under Section 13B(1) and 13B(2) of the Hindu Marriage Act.
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 in the Court today and have been identified by ASI Ram Charan, PS: Mangolpuri. 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. 1182/2018 under Sections 489A/406/34 IPC registered at P.S.: Mangolpuri, Delhi and proceedings emanating therefrom stand quashed.
Petition is accordingly disposed of. A copy of this order be forwarded to the concerned Trial Court for information.
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 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 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 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 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....
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 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 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.
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