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IN THE HIGH COURT OF DELHI
Suresh Kumar Kait, J.
Ujjwal Chauhan - Appellant
Versus
NCT of Delhi - Respondent
Crl.M.C. 324 of 2021 & Crl.M.A. 1674-1675 of 2021
Decided On : 04-02-2021




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 reconciliation.

Headnote:(A) Indian Penal Code, 1860 - Sections 498A, 406, and 34 - Quashing of FIR on the grounds of amicable resolution of matrimonial dispute - The dispute between the parties, including the complainant and the petitioners, was resolved through a Memorandum of Understanding, and the complainant expressed satisfaction with the reconciliation. (Paras 1, 6, 8)

(B) Jurisdiction of the Court - The Court has the authority to quash FIR when no useful purpose would be served by the continuation of proceedings if the parties have resolved their issues amicably. (Paras 8, 9)

Facts of the case:
The petitioners, including the husband and in-laws, sought quashing of an FIR registered for allegations of domestic violence and dowry. The marriage had faced issues leading to separation but was resumed post the parties' reconciliation.

Findings of Court:
The Court found that since the complainant was happily living with her husband and the matrimonial dispute was resolved, it is appropriate to quash the FIR.

Issues: The main issues addressed by the Court were whether the FIR should be quashed due to the amicable settlement between the parties.

Ratio Decidendi: The Court's reasoning was based on the principle that continuing proceedings under the circumstances would not serve any purpose, as the complainant expressed contentment with the resolution achieved.

Result: The petition is allowed; FIR No. 766/2016 is quashed.

JUDGMENT (Oral)

The hearing has been conducted through video conferencing.

1. Quashing of FIR No. 766/2016, under Sections 498A/406/34 IPC, registered at police station Malviya Nagar, New Delhi is sought in this petition.

2. Notice issued.

3. Mr. Izhar Ahmed, learned Additional Public Prosecutor for respondent No.1/State accepts notice and submits that petitioners and respondent No.2 are present through video conference and they have been identified by the Investigating Officer of this case, who is also present through video conferencing.

4. With the consent of learned counsel for the parties, the present petition is taken up for final hearing and disposal.

5. Petitioner No.1 is the husband, petitioners No.2 & 3 are the parents in law and petitioners No.4 & 5 are the sister in laws (nanad) respondent No.2/complainant. Marriage between petitioner No.1 and respondent No.2 was solemnized on 12.12.2013. However, due to constraint relationship, they started living separately, which culminated into registration of FIR in question.

6. The present petition has been filed on the ground that the matrimonial dispute between the parties has been amicably resolved in terms of Memorandum of Understanding/Compromise Deed dated 16.09.2017 and that parties are now living together.

7. Respondent No.2, present in the Court, submits that the dispute with petitioners has been amicably resolved and she is happily and peacefully living with petitioner/husband and therefore, the FIR in question and proceedings emanating therefrom be quashed.

8. In view of the fact that respondent No.2, who is the complainant of FIR in question, is happily living with petitioner/husband, 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. The petition is accordingly allowed and FIR No. 766/2016, under Sections 498A/406/34 IPC, registered at police station Malviya Nagar, New Delhi and proceedings emanating therefrom, are hereby quashed.

10. The petition is accordingly disposed of.

11. Pending application also stands disposed of.

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

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