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IN THE HIGH COURT OF DELHI
Suresh Kumar Kait, J.
Tarun Khanna - Appellant
Versus
State (NCT of Delhi) - Respondent
Crl.M.C. 8 of 2021
Decided On : 18-01-2021




The court can quash an FIR when the parties have amicably settled their disputes, asserting that no useful purpose would be served by continuing prosecution.

Headnote:(A) Code of Criminal Procedure, 1973 - Section 482 - Quashing of FIR - Petitioners sought quashing of FIR arising from marital dispute - Parties entered into amicable settlement - Court found no useful purpose in proceeding with prosecution - FIR quashed to further judicial efficiency. (Paras 3, 8, 10)

(B) Judicial Economy - Court recognizes the importance of judicial efficiency and expedites justice through quashing of proceedings when disputes are settled amicably, refraining from unnecessary prosecution. (Paras 8, 9)

Facts of the case:
Petitioners married on 20.07.2015, began living separately from 01.05.2017 due to incompatibilities, and subsequently entered into an amicable settlement on 05.10.2020. Respondent stated intentions to not pursue the matter further.

Findings of Court:
Noting the amicable settlement and the respondent's expressed wish not to prosecute, the court decided to quash the FIR as further proceedings would serve no purpose.

Issues: The key issues addressed were the legitimacy of the amicable settlement and whether continued prosecution was justified in light of the parties' agreement.

Ratio Decidendi: The court ruled that due to the amicable settlement, no useful purpose would be served by continuing with the prosecution, thus emphasizing judicial efficiency and the resolution of disputes outside the courtroom.

Result: Petition allowed; FIR quashed.

Table of Content
1. quashing of fir based on mutually settled disputes. (Para 3 , 6 , 7 , 8)
2. issuance and acceptance of notice leading to final disposal. (Para 4 , 5)
3. court's inclination to quash fir due to lack of purpose. (Para 9)
4. legal basis for fir quashing. (Para 10)
5. formal conclusion and order of the court. (Para 11 , 12)

JUDGMENT (Oral)

Crl. M.A. 17/2021 (exemption)

1. Allowed, subject to all just exceptions.

2. Application is disposed of.

CRL.M.C.8/2021

3. Vide the present petition, petitioners seek direction for quashing of FIR No.509/2017 dated 09.11.2017 registered at Police Station Kalkaji and consequent proceedings arising therefrom.

4. Notice issued.

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

6. Petitioner no.1 and respondent no.2 got married on 20.07.2015. Due to extreme incompatibilities between petitioner and respondent no.2, they started living separately from 01.05.2017.

7. Petitioner no.1 and respondent no.2 entered into an amicable settlement vide Memorandum of Understanding/Settlement Agreement dated 05.10.2020 and settled all their disputes amicably.

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

9. 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.

10. For the reasons afore-recorded, FIR No.509/2017 dated 09.11.2017 registered at Police Station Kalkaji and consequent proceedings emanating therefrom are quashed.

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

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

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