Paras vs State Govt. of NCT of Delhi

Headnote Court Copy Facts Arguments Court observation Judicial Analysis Case Map Category Hierarchy Table of Content

IN THE HIGH COURT OF DELHI
Suresh Kumar Kait, J.
Paras - Appellant
Versus
State Govt. of NCT of Delhi - Respondent
Crl.M.C. 188 of 2021
Decided On : 22-01-2021

Important Points

An FIR can be quashed when the parties reach an amicable settlement and express no intent to prosecute further, as it serves no useful purpose to continue legal proceedings.

Subject

Criminal Law - Quashing of FIR

Headnote

(A) Code of Criminal Procedure, 1973 - Sections 482 - Quashing of FIR - Petitioners sought to quash FIR No.685/2016 arising from incompatibilities post-marriage - Amicable settlement reached between parties, with no wish to prosecute further expressed by respondent. (Paras 4, 8-10)

(B) Legal Principles - FIRs can be quashed if continuation of proceedings serves no useful purpose and there exists an amicable settlement between parties, supported by mutual consent. (Paras 9, 10)

Facts of the case:
Petitioners, after marrying on 01.05.2013, separated in May 2016 due to incompatibilities, reaching a settlement on 06.12.2018 before the Family Court.

Findings of Court:
The Court found that no useful purpose would be served in prosecuting the FIR further, given the amicable resolution.

Issues: The main issue was whether to quash the FIR based on the parties' mutual agreement to not pursue further legal action.

Ratio Decidendi: The Court held that an amicable settlement between the parties, with the respondent not wishing to pursue charges, justified the quashing of the FIR and consequent proceedings.

Result: FIR No.685/2016 and all related proceedings are quashed.

Table of Content
1. quashing of fir based on amicable settlement (Para 3 , 6 , 7 , 8)
2. court's reasoning to quash fir (Para 9 , 10)
3. final order and disposal of petition (Para 11 , 12)

JUDGMENT (Oral)

Crl. M.A. 960/2021 (exemption)

1. Allowed, subject to all just exceptions.

2. Application is disposed of.

CRL.M.C.188/2021

3. Vide the present petition, petitioners seek direction for quashing of FIR No.685/2016 dated 29.08.2016, registered at Police Station Vijay Vihar, Delhi 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 01.05.2013. Due to extreme incompatibilities between petitioner no.1 and respondent no.2, they started living separately since May, 2016.

7. Petitioner no.1 and respondent no.2 entered into an amicable settlement before the Counselling Cell, Family Court, North/West Rohini, Delhi vide Settlement dated 06.12.2018 and settled all their disputes amicably.

8. Respondent No.2 is present in person and has been identified by SI Vijay (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.685/2016 dated 29.08.2016, registered at Police Station Vijay Vihar, Delhi 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.