IN THE HIGH COURT OF DELHI
Suresh Kumar Kait, J.
Ashok Kr Gupta - Appellant
Versus
State - Respondent
Crl.M.C. 191 of 2021 & Crl.M.A. 978 of 2021
Decided On : 22-01-2021
| Table of Content |
|---|
| 1. fir quashing based on resolution of matrimonial dispute (Para 1 , 5) |
| 2. court recognition of amicable resolution in judgment (Para 3 , 4 , 8) |
| 3. parties affirm settlement and non-pursuance of fir (Para 6 , 7) |
| 4. quashing of fir due to non-utility of proceedings (Para 9) |
| 5. disposal of petition and status of order (Para 10 , 11) |
The hearing has been conducted through video conferencing.
1. Vide the present petition, petitioners are seeking quashing of FIR No.136/2018, registered at police station South Rohini, New Delhi and all other proceedings arising therefrom.
2. Notice issued.
3. Mr.G.M.Farooqui, 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 disposal.
5. Petitioners are relatives of Arun Gupta, husband of respondent No.2/complainant, with whom respondent No.2 was having a matrimonial dispute at the time of registration of FIR in question. The present petition has been filed on the ground that the matrimonial dispute between Arun Gupta and respondent No.2 has been resolved in terms of Memorandum of Understanding dated 04.11.2020 and respondent No.2/complainant has stated that she does not wish to pursue the proceedings arising out of FIR in question.
6. Learned counsel for the petitioners submits that the terms of Memorandum of Understanding dated 04.11.2020 have been acted upon.
7. Respondent No.2 present through video conferencing affirms the factum of settlement with petitioners and submits she has no objection to the quashing of FIR in question.
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, the present petition is allowed and FIR No.136/2018, registered at police station South Rohini, New Delhi and consequent proceedings emanating therefrom are hereby quashed.
10. The petition and pending application are accordingly disposed of.
11. The order be uploaded on the website of this Court forthwith.
The court emphasized that an FIR can be quashed if the complainant affirms that the dispute is resolved and no longer wishes to pursue the proceedings.
In cases of amicable settlement, courts can quash FIRs to prevent unnecessary legal proceedings, as per the provisions of the Hindu Marriage Act.
A matrimonial dispute resolved through a compromise deed justifies quashing the related FIR when the complainant expresses no remaining grievance.
FIRs arising from matrimonial disputes may be quashed upon mutual settlement and affirmation of the absence of grievances by both parties, thereby serving no useful purpose for continued legal procee....
Court quashed FIR due to amicable settlement of matrimonial disputes, indicating that continued legal proceedings served no purpose.
The court can quash an FIR under IPC sections concerning matrimonial disputes when parties reach an amicable settlement, rendering further prosecution purposeless.
The court may quash an FIR when the parties reach an amicable settlement and the complainant does not object, indicating no useful purpose in prosecution.
Court can quash FIR under IPC when parties amicably settle their disputes, confirming resolution by mutual agreement.
The Court can quash an FIR if the underlying matrimonial dispute has been amicably resolved, affirming the principle that continuation of proceedings serves no purpose when parties are satisfied with....
The amicable settlement of a matrimonial dispute, as evidenced by a Memorandum of Understanding-cum-Compromise Deed and the affirmation of the complainant, can be a basis for quashing FIR and proceed....
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