A court can quash an FIR if the parties have reached an amicable settlement and the complainant no longer wishes to prosecute the matter, indicating no useful purpose in continuing proceedings.

Headnote:(A) Penal Code, 1860 - Sections pertinent to FIRs - Quashing of FIR - Petitioners sought quashing of FIR No.203/2016; amicable settlement reached between parties as evidenced by settlement deed dated 04.06.2019, with complainant expressing no desire to prosecute. (Paras 6, 8, 10)

(B) FIR - Quashing - Court may quash FIR if continuation of proceedings serves no useful purpose. (Para 9)

Facts of the case:
Petitioners entered into a marriage, had a child, and subsequently lived separately due to incompatibilities. They settled all disputes amicably before the Family Court.

Findings of Court:
Taking into account the amicable settlement, the Court found no utility in continuing prosecution.

Issues: Whether the FIR should be quashed due to the parties' settlement.

Ratio Decidendi: The court emphasized that if there is an amicable settlement between the parties and the complainant does not wish to proceed, quashing the FIR serves the interests of justice.

Result: FIR No.203/2016 is quashed.

JUDGMENT (Oral)

Crl. M.A. 17360/2020

1. Allowed, subject to all just exceptions.

2. Application is disposed of.

CRL.M.C.2458/2020 & Crl.M.A. 17359/2020

3. Vide the present petition, petitioners seek direction for quashing of FIR No.203/2016 dated 09.11.2016 registered at Police Station CWC Nanakpura, and consequent proceedings arising therefrom.

4. Notice issued.

5. Notice is accepted by learned APP for State and by counsel for respondent no.2 with respondent no.2 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 23.02.2012 as per Hindu rites and rituals. One child was born out of the wedlock namely Master Vansh. Due to extreme incompatibilities between petitioner no.1 and respondent no.2, they started living separately from 17.12.2014.

7. Petitioner no.1 and respondent no.2 with the intervention of their well wishers and relatives entered into an amicable settlement before the Counselling Cell, Family Courts, Tis Hazari Courts, Delhi vide settlement deed dated 04.06.2019 and settled all their disputes amicably.

8. Complainant/respondent no.2 is present in person and has been identified by Insp.Asha of Police Station CWC Nanakpura 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.203/2016 dated 09.11.2016 registered at Police Station CWC Nanakpura, and consequent proceedings emanating therefrom are quashed.

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

12. Pending application also stands disposed of.

13. The judgment be uploaded on the website of this Court forthwith.

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