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IN THE HIGH COURT OF DELHI AT NEW DELHI
Anoop Kumar Mendiratta, J.
Parijat Sarkar - Appellant
Versus
State Govt. of NCT of Delhi & Anr. - Respondents
Cr.M.C. 2574 of 2024
Decided On : 02-04-2024
Section 482 - Quashing of FIR - Amicable Settlement
Fact of the Case:
The petitioner filed a petition under Section 482 of the Code of Criminal Procedure to quash FIR No. 0620/2019, which was registered for offenses under Sections 498A/406/323 IPC. The petitioner and respondent No. 2 had an amicable settlement after their marriage was dissolved by mutual consent.
Finding of the Court:
The court found that the matter had been amicably settled between the parties without any threat, pressure, or coercion. Considering the circumstances, the court concluded that keeping the case pending would be an abuse of the process of the court.
Issues: The main issue was whether the FIR should be quashed in light of the amicable settlement between the parties.
Ratio Decidendi: The court relied on the amicable settlement between the parties and the absence of any objection from the State to quash the FIR. It concluded that no useful purpose would be served by keeping the case pending.
Final Decision: The court quashed FIR No. 0620/2019, under Sections 498A/406/323 IPC, and the proceedings emanating therefrom. The petition was accordingly disposed of.
JUDGMENT
Anoop Kumar Mendiratta, J. (Oral)
CRL.M.A. 9827/2024
Exemption allowed, subject to just exceptions.
Application stands disposed of.
CRL.M.C. 2574/2024
1. Petition under Section 482 of the Code of Criminal Procedure, 1973 (`Cr.P.C.') has been preferred on behalf of the petitioner for quashing of FIR No. 0620/2019, under Sections 498A/406/323 IPC registered at P.S.: Mehrauli 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 petitioner, marriage between petitioner and respondent No. 2 was solemnized according to Hindu rites and ceremonies on 26.11.2007. A male child was born out of the wedlock who is presently in custody of respondent No. 2. Due to temperamental differences, respondent No.2 and petitioner started living separately since 01.03.2018. Present FIR was registered at the instance of respondent No. 2 on 09.11.2019.
4. The disputes are stated to have been amicably settled between the parties in terms of Settlement Agreement dated 06.03.2023. 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 18.01.2024.
5. 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.
6. Petitioner and respondent No. 2 are present in person and have been identified by SI Prem Kumar, PS: Mehrauli. 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. 0620/2019, under Sections 498A/406/323 IPC registered at P.S.: Mehrauli and the 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 and compliance.
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 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 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 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 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 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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