The court can quash an FIR when parties amicably settle their disputes and express a desire not to pursue the prosecution.

Headnote:(A) Code of Criminal Procedure, 1973 - FIR quashed - Petition to quash FIR No.0287/2017 on grounds of amicable settlement - Parties entered into a compromise addressing all disputes post their separation - Respondent expresses desire not to prosecute - No useful purpose in prosecution - Quashing order issued. (Paras 1, 6, 8)

Facts of the case:
Petitioners sought direction to quash FIR No.0287/2017, registered at Police Station Seemapuri, following their marriage on 29.08.2012 and subsequent separation on 23.07.2016, leading to an amicable settlement dated 27.08.2020. (Para 5)

Findings of Court:
The court found that the amicable settlement between the parties warranted the quashing of the FIR, given that no useful purpose would be served by continuing the prosecution. (Para 7)

Issues: The primary issue before the court was whether the FIR could be quashed based on the submitted amicable settlement between the parties. (Para 3)

Ratio Decidendi: The court held that in light of the amicable settlement and the willingness of the respondent not to pursue the matter further, the prosecution should not proceed as it would serve no purpose. (Para 8)

Result: FIR No.0287/2017 quashed and the petition disposed of.

Table of Content
1. marriage and amicable settlement details (Para 1 , 4 , 5 , 6)
2. notice issued and accepted by parties (Para 2 , 3)
3. court's inclination to quash fir (Para 7)
4. quashing fir due to amicable settlement (Para 8)
5. conclusion and order to dispose petition (Para 9 , 10)

JUDGMENT (Oral)

The hearing has been conducted through video conferencing.

Crl. M.A. 383/2021 (Exemption)

Allowed, subject to all just exceptions.

Application is disposed of.

CRL. M.C. 84/2021

1. Vide the present petition, petitioners seek direction for quashing of FIR No.0287/2017 dated 05.05.2017, registered at Police Station Seemapuri and consequent proceedings arising therefrom.

2. Notice issued.

3. Notice is accepted by learned APP for State and by respondent no.2 and with the consent of counsel for parties, present petition is taken up for final disposal.

4. Petitioner no.1 and respondent no.2 got married on 29.08.2012 as per Muslim rites and ceremonies. Due to extreme incompatibilities between petitioners and respondent no.2, they started living separately from 23.07.2016.

5. Petitioners and respondent no.2 with the intervention of their well wishers and relatives entered into an amicable settlement vide Compromise Deed/MoU dated 27.08.2020 and settled all their disputes amicably.

6. Respondent no.2 is present in person and has been identified by SI Sonu (IO) and submits that matter has been settled and she does not wish to prosecute the matter any further.

7. Taking into account the aforesaid facts, this Court is inclined to quash FIR as no useful purpose would be served in prosecuting petitioners any further.

8. For the reasons afore-recorded, FIR No.0287/2017 dated 05.05.2017, registered at Police Station Seemapuri and consequent proceedings emanating therefrom are quashed.

9. The petition is, accordingly, allowed and disposed of.

10. The order be uploaded on the website of this Court forthwith.

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