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IN THE HIGH COURT OF DELHI AT NEW DELHI
Anoop Kumar Mendiratta, J.
Noushad @ Nazim & Ors. - Appellants
Versus
The State NCT of Delhi & Anr. - Respondents
Cr.M.C. 537 of 2024
Decided On : 23-01-2024
Section 482 Cr.P.C - Quashing of FIR - Amicable Settlement
Fact of the Case:
The petitioners sought quashing of FIR registered under Sections 498A/406/34 IPC & Section 4 of Dowry Prohibition Act, citing amicable settlement between the parties.
Finding of the Court:
The court found that the matter had been mutually settled between the parties without any threat, pressure, or coercion, and that no useful purpose would be served by keeping the case pending.
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 and the absence of any remaining issues between the parties as grounds for quashing the FIR, stating that it would be an abuse of the process of the court to continue the proceedings.
Final Decision: The court quashed the FIR No. 529/2019 under Sections 498A/406/34 IPC & Section 4 of Dowry Prohibition Act, and the proceedings emanating therefrom, and disposed of the petition accordingly.
JUDGMENT
Anoop Kumar Mendiratta, J. (Oral)
CRL.M.A. 2119/2024
Exemption allowed, subject to just exceptions.
Application stands disposed of.
CRL.M.C. 537/2024
1. Petition has been preferred on behalf of the petitioners under Section 482 Cr.P.C for quashing of FIR No. 529/2019 under Sections 498A/406/34 IPC & Section 4 of Dowry Prohibition Act, registered at P.S.: Karawal Nagar and proceedings emanating therefrom.
2. Issue notice. Learned APP for the State/respondent No.1 and 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 Muslim rites and ceremonies on 26.05.2013. Two children were born out of the wedlock. Due to temperamental differences, respondent No.2 and petitioner No.1 could not live together and on the basis of complaint of respondent No.2, present FIR was registered.
4. The matter is stated to have been mutually settled between the parties with the interevention of family members and well wishers in terms of settlement deed dated 09.05.2023 and are residing together since June, 2020.
5. Learned APP for the State submits that in view of amicable settlement arrived 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 SI Sita Ram, PS: Karawal Nagar. I have interacted with the parties and they confirm that the matter has been mutually 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. 529/2019 under Sections 498A/406/34 IPC & Section 4 of Dowry Prohibition Act, registered at P.S.: Karawal Nagar and the proceedings emanating therefrom stand quashed.
Petition is accordingly disposed of. Pending application, if any, also stands disposed of.
A copy of this order be forwarded to the 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 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 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 voluntary nature of the settlement, absence of fear, force, or coercion, and the desire of the parties to live peacefully were central to the court's decision to quash the FIR and related proceed....
The court can exercise inherent powers to quash proceedings based on an amicable settlement between the parties in matrimonial disputes.
Amicable settlement through mediation can lead to the quashing of FIR and consequent proceedings.
The court held that amicable settlements between parties substantiate grounds for quashing FIRs in dowry-related cases to prevent unnecessary legal proceedings.
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 an FIR if the matter has been amicably settled between the parties and keeping the case pending would serve no useful purpose.
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