Court may quash an FIR when parties reach an amicable settlement, and continuation of prosecution serves no useful purpose.

Headnote:(A) Criminal Procedure Code, 1973 - Section 482 - Quashing of FIR - Petitioners sought to quash FIR No. 78/2014 due to settlement of disputes with the respondent, who expressed no objection - The court allowed the petition considering that continuation of prosecution would serve no useful purpose. (Paras 6, 10, 11)

(B) Settlement - The parties entered into an amicable settlement before the Mediation and Conciliation Centre, demonstrating parties' resolution of conflicts and mutual consent in legal proceedings. (Paras 8, 9)

Facts of the case:
The petition arises from a marriage solemnized on 17.02.1997 between the petitioners, from which two children were born - Due to incompatibility, they began living separately on 07.06.2013 and subsequently settled their disputes.

Findings of Court:
The Court found that prosecuting the petitioners further would serve no useful purpose after the amicable settlement.

Issues: The main questions addressed were whether the FIR should be quashed upon the parties' settlement and the lack of objection from the respondent.

Ratio Decidendi: The Court reasoned that quashing the FIR was appropriate as the absence of objection from the respondent signified no ongoing conflict, thus judicial resources should not be wasted on a settled matter.

Result: The FIR and consequent proceedings are quashed, and the petition is allowed.

Table of Content
1. application for quashing fir based on consent. (Para 3 , 5 , 6)
2. background of marital conflict and resolution. (Para 7 , 8 , 9)
3. court's rationale for quashing fir. (Para 10 , 11)
4. final order and directive for records. (Para 12 , 13)

JUDGMENT (Oral)

CRL. M.A. 287/2021

1. Allowed, subject to all just exceptions.

2. Application is disposed of.

CRL.M.C.64/2021

3. Vide the present petition, petitioners seek direction thereby for quashing of FIR No.78/2014, registered at PS-CAW Cell, Nanakpura, Delhi and all other proceedings arising therefrom.

4. Notice issued.

5. Notice is accepted by learned APP for State and by learned counsel for respondent no.2 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 17.02.1997 as per Hindu rites and rituals. Two children were born out of the wedlock namely Ms. Tamanna and Master Ram Pratap. Due to extreme incompatibilities between petitioner no.1 and respondent no.2, they started living separately from 07.06.2013.

8. Petitioners and respondent no.2 with the intervention of their well-wishers and relatives entered into an amicable settlement before the Delhi High Court Mediation and Conciliation Centre vide a Settlement Agreement dated 11.09.2019 and settled all their disputes amicably.

9. Respondent no.2 is personally present in Court with her learned counsel and she has been identified by SI Yashpal/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.78/2014, registered at PS-CAW Cell, Nanakpura, 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.

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