Sunny @ Sunny Yadav vs State Govt. NCT of Delhi

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IN THE HIGH COURT OF DELHI
Suresh Kumar Kait, J.
Sunny @ Sunny Yadav - Appellant
Versus
State Govt. NCT of Delhi - Respondent
Crl.M.C. 189 of 2021
Decided On : 22-01-2021

Important Points

Amicable settlements between parties can justify the quashing of FIRs when no useful purpose is served by prosecution.

Subject

Criminal Law - Quashing of FIR

Headnote

(A) Code of Criminal Procedure, 1973 - Section 482 - Quashing of FIR - The petitioner sought to quash FIR No. 429/2020 on the basis that disputes between the parties were settled amicably - Respondent had no objection to the quashing of the FIR - The court finds that no useful purpose would be served by continuing the prosecution as parties had settled all disputes amicably. (Paras 6, 10, and 11)

(B) Criminal law - Settlements between parties - The court upholds the principle that amicable settlements in personal disputes can lead to the quashing of criminal proceedings where prosecution serves no purpose and both parties consent. (Paras 8 and 9)

Facts of the case:
The petitioner and respondent married on 07.02.2014, had a child, and began living separately due to incompatibilities since 04.08.2016. They settled all disputes amicably with a settlement deed dated 06.10.2020.

Findings of Court:
The FIR and proceedings are quashed as continuing prosecution would not serve any useful purpose due to the amicable settlement of disputes.

Issues: The main question was whether the FIR could be quashed given the parties' amicable settlement and lack of objection from the respondent.

Ratio Decidendi: The court decided to quash the FIR since the prosecution was no longer necessary as the parties had resolved their issues amicably.

Result: FIR No. 429/2020 is quashed.

Table of Content
1. motion to quash fir based on settlement. (Para 3 , 6)
2. background on marriage and separation. (Para 7 , 8)
3. court's inclination to quash based on no further prosecution purpose. (Para 9 , 10)
4. final order to quash fir and proceedings. (Para 11 , 12)

JUDGMENT (Oral)

CRL. M.A. 963/2021

1. Allowed, subject to all just exceptions.

2. Application is disposed of.

CRL.M.C.189/2021

3. Vide the present petition, petitioner seeks direction thereby for quashing of FIR No. 429/2020 dated 17.06.2020, registered at PS - Vasant Kunj, Delhi and all other proceedings arising therefrom.

4. Notice issued.

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

6. The present petition is filed on the ground that parties have settled their disputes and respondent No. 2 has no objection if the present petition is allowed.

7. Petitioner no.1 and respondent no.2 got married on 07.02.2014 as per Hindu rites and rituals. One child was born out of the wedlock namely Baby Tiya. Due to extreme incompatibilities between petitioners and respondent no.2, they started living separately from 04.08.2016.

8. Petitioners and respondent no.2 with the intervention of their well wishers and relatives entered into an amicable settlement vide settlement deed dated 06.10.2020 and settled all their disputes amicably.

9. Respondent No. 2 is personally present in Court with learned counsel and she has been identified by SI Mukesh/IO and submits that matter has been settled and she does not wish to prosecute the matter any further.

10. 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.

11. For the reasons afore-recorded, FIR No. 429/2020 dated 17.06.2020, registered at PS - Vasant Kunj, Delhi and consequent proceedings emanating therefrom are quashed.

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

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