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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




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.

Headnote:(A) Code of Criminal Procedure, 1973 - Sections applicable for quashing of FIR in settled matrimonial disputes - The court quashed FIR No.136/2018 on grounds of amicable resolution of matrimonial dispute, with parties affirming their settlement and no objection to quashing of proceedings. (Paras 5, 8, 9)

(B) Legal standard for quashing FIR - Court emphasized that if the complainant no longer wishes to pursue the matter, it is in the interest of justice to quash proceedings. (Paras 8, 9)

Facts of the case:
Petitioners, relatives of Arun Gupta, filed for quashing an FIR due to a resolved matrimonial dispute, affirmed by the complainant, who no longer wished to pursue it.

Findings of Court:
The court found that the dispute had been amicably resolved and quashed the FIR and subsequent proceedings, indicating no useful purpose would be served in continuing the matter.

Issues: Main issues included the status of proceedings due to the resolution of a matrimonial dispute and the complainant's willingness to discontinue the case.

Ratio Decidendi: The court held that the existence of an amicable settlement between the parties and the complainant's absence of objection to quashing warranted dismissal of the FIR, emphasizing efficiency in judicial resource allocation.

Result: Petition allowed; FIR and proceedings quashed.

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)

JUDGMENT (Oral)

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.

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