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IN THE HIGH COURT OF DELHI
Suresh Kumar Kait, J.
Paras Mani Thapliyal - Appellant
Versus
Govt. of N.C.T. Delhi - Respondent
Crl.M.C. 308 of 2021 & Crl.M.A. 1576 of 2021
Decided On : 03-02-2021




A court can quash an FIR when a matrimonial dispute is amicably settled, demonstrating that continued proceedings are unnecessary.

Headnote:(A) Indian Penal Code, 1860 - Sections 498A, 406, and 34 - Quashing FIR - Petitioners sought quashing of FIR regarding matrimonial dispute that had been amicably settled. Settlement was confirmed by the complainant who received the settlement amount. Court quashed FIR based on amicable resolution of parties. (Paras 1, 6, 8, 9)

(B) Criminal Procedure - The court can quash FIR and proceedings when the dispute is resolved amicably between parties, serving no useful purpose in continuing the proceedings. (Paras 8, 9)

Facts of the case:
FIR No.141/2019 was registered concerning matrimonial discord following a marriage solemnized in June 2012. The parties began living separately in August 2017, and a settlement was reached on August 17, 2019.

Findings of Court:
The court found that the respondent confirmed the receipt of the full settlement amount and expressed no objection to quashing the FIR.

Issues: Whether the FIR should be quashed given the amicable settlement between the parties.

Ratio Decidendi: The court ruled that in light of the amicable resolution of the matrimonial dispute, continuing proceedings would serve no purpose, thus allowing for the quashing of the FIR.

Result: FIR No.141/2019 quashed.

Table of Content
1. amicable settlement of matrimonial disputes. (Para 1 , 5 , 6 , 7)
2. notice and consent for final hearing. (Para 3 , 4)
3. court's inclination to quash fir after settlement. (Para 8)
4. fir quashed due to resolved dispute. (Para 9)
5. order for allowing and disposing of the petition. (Para 10 , 11 , 12)

JUDGMENT (Oral) The hearing has been conducted through video conferencing.

1. Vide the present petition, petitioners are seeking quashing of FIR No.141/2019, under Sections 498A/406/34 IPC, registered at police station Moti Nagar, New Delhi and all other proceedings arising therefrom.

2. Notice issued.

3. Mr. Izhar Ahmed, 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 hearing.

5. The marriage between petitioner No.1 and respondent No.2 was solemnized on 24.06.2012 and due to temporal differences, the marriage could not work and they started living separately since August, 2017. The dispute between the parties culminated into the FIR in question.

6. The present petition has been filed on the ground that the parties have amicably settled their dispute in terms of Settlement-Agreement dated 17.08.2019 reached through Counselling Cell, Tis Hazari Courts, Delhi. It is stated that the terms of the settlement have already been complied and in terms thereof, balance amount of Rs.05 lacs has been paid to respondent No.2/complainant on 02.02.2021.

7. Respondent No.2 present through video conferencing has affirmed factum of having received the entire settlement amount and she submits she has no objection to the quashing of FIR in question.

8. Keeping in view that the matrimonial 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, FIR No.141/2019, under Sections 498A/406/34 IPC, registered at police station Moti Nagar, New Delhi and consequent proceedings emanating therefrom are quashed.

10. The petition is accordingly allowed and disposed of.

11. Pending application also stand disposed of.

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

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