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IN THE HIGH COURT OF DELHI AT NEW DELHI
Anoop Kumar Mendiratta, J.
Arjun Bhandari & Ors. - Appellants
Versus
State NCT of Delhi & Anr. - Respondents
Cr.M.C. 686 of 2024 & Cr.M.A. 2798 of 2024
Decided On : 31-01-2024
Section 482 - Quashing of FIR - Amicable Settlement
Fact of the Case:
The petitioners sought to quash FIR No. 0028/2023 under Section 498A/377/406/34 IPC, stating that the marriage had been dissolved by mutual consent and an amicable settlement had been reached.
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, thus quashing the FIR and proceedings.
Issues: The issue revolved around the quashing of the FIR in light of the amicable settlement between the parties.
Ratio Decidendi: The court considered the amicable settlement between the parties and the dissolution of the marriage by mutual consent as grounds for quashing the FIR and proceedings.
Final Decision: FIR No. 0028/2023 under Section 498A/377/406/34 IPC and proceedings emanating therefrom were quashed, and the petition was disposed of.
JUDGMENT
Anoop Kumar Mendiratta, J. (Oral) - 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. 0028/2023 under Section 498A/377/406/34 IPC registered at P.S.: Greater Kailash, Delhi and the 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 16.04.2022. Due to temperamental differences, respondent No. 2 and petitioner No. 1 could not live together and have been living separately since 21.05.2022. On complaint of respondent No. 2, after she returned back from U.K. to Delhi, present FIR was registered on 05.03.2023.
4. The matter is stated to have been amicably resolved between the parties in terms of settlement deed dated 23.05.2023. The marriage between petitioner No. 1 and respondent No. 2 is stated to have been dissolved by way of mutual consent under Section 13B(2) of the Hindu Marriage Act as per decree of divorce dated 11.12.2023.
5. A balance amount of Rs.2,00,000/- has been paid to respondent No. 2 today through DD No. 570111 dated 25.01.2024 drawn on Canara Bank, Rajouri Garden, New Delhi Branch in favour of respondent No. 2 towards full and final settlement between the parties.
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 appear through VC and respondent No. 2 appears in-person in the Court today and they have been identified by SI Manisha, PS: GK-I, 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.
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. 0028/2023 under Section 498A/377/406/34 IPC registered at P.S.: Greater Kailash, Delhi and proceedings emanating therefrom stand quashed.
Petition is accordingly disposed of. Pending applications, if any, also stands disposed of.
A copy of this order be forwarded to the learned Trial Court for information.
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 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 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 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 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 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 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 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 ....
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