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IN THE HIGH COURT OF DELHI AT NEW DELHI
Anoop Kumar Mendiratta, J.
Sandeep Tomar & Ors. - Appellants
Versus
State & Anr. - Respondents
Cr. M.C. 2354 of 2024
Decided On : 21-03-2024
Section 482 of the Code of Criminal Procedure - Quashing of FIR - Amicable Settlement
Fact of the Case:
The petitioners sought quashing of FIR No.110/2023, under Sections 498A/406/34 IPC, based on an amicable settlement between the parties following a marriage and subsequent divorce.
Finding of the Court:
The court found that the matter had been amicably settled between the parties and that keeping the case pending would serve no useful purpose, constituting an abuse of the process of the court. Consequently, the FIR and proceedings were quashed.
Issues: The main issue was whether the FIR 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 lack of utility in keeping the case pending.
Final Decision: The court quashed FIR No.110/2023, under Sections 498A/406/34 IPC, and the proceedings emanating therefrom, and disposed of the petition and any pending applications.
JUDGMENT
Anoop Kumar Mendiratta, J. (Oral)
CRL.M.A. 9015/2024
Exemption allowed, subject to just exceptions.
Application stands disposed of.
CRL. M.C. 2354/2024
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.110/2023, under Sections 498A/406/34 IPC registered at P.S.: Pandav Nagar 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 petitioners, marriage between petitioner No. 1 and respondent No. 2 was solemnized according to Hindu rites and ceremonies on 17.07.2021. No child was born out of the wedlock. Due to temperamental differences, respondent No.2 and petitioner No.1 started living separately since 10.11.2021. On the complaint of respondent No.2, present FIR was registered on 31.03.2023.
4. The disputes are stated to have been amicably settled between the parties vide Settlement Deed dated 06.01.2024. The marriage between petitioner No. 1 and respondent No. 2 has been dissolved by decree of divorce by way of mutual consent under Section 13B(2) of the Hindu Marriage Act vide judgment dated 19.02.2024 though a copy of the judgment has not been placed on record.
5. A balance amount of Rs.5,00,000/- have been paid to respondent No.2 today through DD No.135355 dated 18.03.2024 drawn on Canara Bank, Govindapuram Colony, Ghaziabad Branch in favour of respondent No.2.
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 No.1 and 2 (petioners No.3 to 5 through VC) as well as respondent No. 2 are present in person and have been identified by SI Anil Kumar, P.S.: Pandav Nagar. 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.110/2023, under Sections 498A/406/34 IPC registered at P.S.: Pandav Nagar and the proceedings emanating therefrom stand quashed.
Petition is accordingly disposed of. Pending applications, if any, also stand disposed of.
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 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 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 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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