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2024 Supreme(Del) 729
IN THE HIGH COURT OF DELHI AT NEW DELHI
Anoop Kumar Mendiratta, J.
Vijay Bahadur Singh & Ors. - Appellants
Versus
State (Govt. of NCT of Delhi) & Anr. - Respondents
Cr.M.C. 2504 of 2021 & Cr.M.A. 16381 of 2021
Decided On : 02-04-2024
Important Points
The court has the discretion to quash FIR based on amicable settlement between the parties to prevent abuse of the court process.
Subject
Criminal Law - Quashing of FIR
Headnote
Section 482 - Quashing of FIR based on amicable settlement
Fact of the Case:
The petitioners sought to quash FIR registered under Sections 498A/406/34 IPC due to amicable settlement between the parties after marriage dissolution.
Finding of the Court:
The court found that the matter had been amicably settled between the parties and concluded that keeping the case pending would be an abuse of the process of the court.
Issues: Amicable settlement, abuse of court process
Ratio Decidendi: The court's decision was influenced by the amicable settlement between the parties and the absence of any useful purpose in keeping the case pending.
Final Decision: FIR No. 0689/2019 and proceedings emanating therefrom were quashed due to the amicable settlement between the parties.
Ms. Astha Deep and Mr. Sujeet Ranjan, Advocates with Petitioners.
Ms. Kiran Bairwa, APP for State with SI Ashish Yadav, PS: Rajouri Garden.
Mr. V. K. Yadav, Advocate, for the Respondent-2 with Respondent No. 2-in-person.
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. 0689/2019, under Sections 498A/406/34 IPC registered at P.S.: Rajouri Garden and proceedings emanating therefrom.
2. In brief, as per the case of the petitioners, marriage between petitioner No. 3 and respondent No. 2 was solemnized according to Hindu rites and ceremonies on 28.02.2017. No child was born out of the wedlock. Due to temperamental differences, petitioner No. 3 and respondent No. 2 started living separately. On complaint of respondent No. 2, present FIR was registered on 21.12.2019.
3. The disputes have been amicably resolved between the parties vide settlement deed dated 12.10.2022. The marriage between petitioner No. 3 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 03.06.2023.
4. 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.
5. Petitioners and respondent No. 2 (through VC) have been identified by SI Ashish Yadav, PS: Rajouri Garden, 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.
6. 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. 0689/2019, under Sections 498A/406/34 IPC registered at P.S.: Rajouri Garden and proceedings emanating therefrom stand quashed.
Petition is accordingly disposed of. Pending applications, if any, also stand disposed of.
A copy of this order be forwarded to the learned Trial Court for information.
