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2024 Supreme(Del) 141
IN THE HIGH COURT OF DELHI AT NEW DELHI
Anoop Kumar Mendiratta, J.
Ravinder & Ors. - Appellants
Versus
State of NCT of Delhi & Anr. - Respondents
Cr.M.C. 193 of 2024
Decided On : 30-01-2024
Important Points
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.
Subject
Criminal Law - Quashing of FIR
Headnote
Section 482 - Quashing of FIR - Amicable Settlement
Fact of the Case:
The petitioners sought quashing of FIR No. 0202/2016 under Sections 498A/406/34 IPC registered at P.S.: Dabri, Delhi, citing amicable settlement between the parties.
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. Consequently, the court quashed the FIR and the proceedings emanating therefrom.
Issues: The main 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 objection from the State, and concluded that keeping the case pending would be an abuse of the process of the court.
Final Decision: The court quashed FIR No. 0202/2016 under Sections 498A/406/34 IPC registered at P.S.: Dabri, Delhi and the proceedings emanating therefrom.
Mr. Suraj Pal Singh and Mr. Bharat, Advocates with all Petitioners.
Ms. Kiran Bairwa, APP for State with W/SI Neeraj, PS Dwarka South.
Respondent-2 in person.
JUDGMENT
Anoop Kumar Mendiratta, J. (Oral)
CRL.M.A. 767/2024
Exemption allowed, subject to just exceptions.
Application stands disposed of.
CRL.M.C. 193/2024
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. 0202/2016 under Sections 498A/406/34 IPC registered at P.S.: Dabri, Delhi and the proceedings emanating therefrom.
2. Issue notice. Learned APP for the State and respondent No.2 in person appear on advance notice and accept notice.
3. In brief, as per the case of the petitioners, the marriage between petitioner No.1 and respondent No.2 was solemnized in Delhi according to Hindu rites and ceremonies on 12.02.2013. Due to temperamental differences, respondent No.2 and petitioner No.1 could not live together and have been living separately since 09.03.2014. Further, on the basis of complaint of respondent no. 2, the present FIR was registered on 22.02.2016.
4. The matter is stated to have been amicably resolved between the parties in terms of settlement agreement dated 12.03.2021. The marriage between the parties has been dissolved by mutual consent under Section 13-B(2) of the Hindu Marriage Act, vide decree dated 29.11.2021.
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 Neeraj, PS: Dwarka South. 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. 0202/2016 under Sections 498A/406/34 IPC registered at P.S.: Dabri, Delhi and the proceedings emanating therefrom stand quashed.
Petition is accordingly disposed of. Pending application, if any, also stands disposed of.
