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IN THE HIGH COURT OF DELHI
Suresh Kumar Kait, J.
Nishchint Sirohi - Appellant
Versus
State (Govt. of NCT Delhi) - Respondent
Crl.M.C. 6 of 2021 & Crl.M.A. 14 of 2021
Decided On : 15-01-2021




Court quashed FIR due to amicable settlement of matrimonial disputes, indicating that continued legal proceedings served no purpose.

Headnote:(A) Indian Penal Code, 1860 - Sections 498A, 406, 34 - Quashing of FIR - Petitioners sought to quash FIR regarding matrimonial disputes following a Compromise Deed that settled the dispute - FIR quashed as no useful purpose served by continuing proceedings after amicable settlement. (Paras 1, 6, 9)

(B) Compromise - Parties resolved matrimonial issues amicably, leading to decree of divorce - Settlement involved payment of Rs.6,00,000/- to the complainant. (Paras 6, 8)

Facts of the case:
The marriage of petitioners was solemnized in 2008, but they lived separately since December 2013 due to temperamental differences. They filed a petition to quash the FIR based on an amicable settlement and divorce decree granted in 2020.

Findings of Court:
Given the amicable resolution of the marital disputes, the Court found it appropriate to quash the FIR to avoid unnecessary legal proceedings.

Issues: The central issues included whether the FIR should be quashed in light of the settlement between the parties after initiating divorce proceedings.

Ratio Decidendi: The Court held that continued proceedings would serve no purpose as the parties had amicably settled their matrimonial issues.

Result: The FIR and all proceedings arising therefrom were quashed.

Table of Content
1. parties have settled marital disputes. (Para 1 , 5 , 6 , 7)
2. court proceedings initiated with respondent's consent. (Para 3 , 4)
3. court favors resolution of amicably settled disputes. (Para 8)
4. fir quashed for lack of purpose. (Para 9)
5. petition allowed and order finalized. (Para 10 , 11 , 12)

JUDGMENT (Oral)

The hearing has been conducted through video conferencing.

1. Vide the present petition, petitioners are seeking quashing of FIR No.797/2014, under Sections 498A/406/34 IPC, registered at police station North Rohini, New Delhi and all other proceedings arising therefrom.

2. Notice issued.

3. Mr. Panna Lal Sharma, learned Additional Public Prosecutor for State accepts notice and submits that respondent No.2 is present through video conference and she has been identified as the complainant of FIR in question by the Investigating Officer of this case, who is also present through video conferencing.

4. With the consent of the parties, the present petition is taken up for final hearing.

5. The marriage between petitioner No.1/husband and respondent No.2/wife was solemnized on 05.03.2008 and due to temperamental differences, the marriage could not work and they started living separately since 12.12.2013. The matrimonial dispute between the parties culminated into the FIR in question.

6. The present petition has been filed on the ground that the parties have amicably settled their matrimonial dispute vide Compromise Deed dated 22.11.2019 and the joint petitions under Section 13 (1) (ia) and Section 13 B(2) under the Hindu Marriage Act, 1955 have been allowed by the learned Principal Judge, Family Court, Rohini Courts, New Delhi and decree of divorce has been granted on 10.11.2020.

7. Learned counsel for the petitioners submits that the terms of settlement have been acted upon and the balance amount of Rs.6,00,000/- has been paid to respondent No.2/complainant.

8. Keeping in view that the dispute between the parties has been amicably resolved, this Court is inclined to quash the FIR in question, as no useful purpose would be served in continuing with the proceedings arising out of the present FIR.

9. For the reasons afore noted, FIR No.797/2014, under Sections 498A/406/34 IPC, registered at police station North Rohini, New Delhi and consequent proceedings emanating therefrom against the petitioners, are hereby quashed.

10. The petition is accordingly allowed and disposed of.

11. Pending application also stands disposed of.

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

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