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IN THE HIGH COURT OF DELHI
Suresh Kumar Kait, J.
Hariom Rathor - Appellant
Versus
State Government of NCT of Delhi - Respondent
Crl.M.C. 448 of 2021
Decided On : 15-02-2021
Important Points
Subject
Criminal Law - Quashing of FIR
Headnote
(B) Settlement between parties - A Memorandum of Understanding was executed to settle disputes amicably. (Paras 7-9)
Facts of the case:
Petitioners are a couple who married on 26.08.2013 and had a child. Due to incompatibilities, they separated on 08.03.2014 and later settled their disputes amicably on 14.01.2020.
Findings of Court:
The court found that continuing the prosecution would serve no purpose due to the amicable resolution between the parties.
Issues: The court addressed whether the FIR should be quashed in light of the amicable settlement between the parties.
Ratio Decidendi: The court emphasized that it is appropriate to quash proceedings when an amicable settlement exists and the complainant does not wish to continue the prosecution.
Result: FIR No.756/2014 is quashed.
| Table of Content |
|---|
| 1. quashing of fir after amicable settlement. (Para 3 , 6 , 7 , 8) |
| 2. notice issued and accepted. (Para 4 , 5) |
| 3. no purpose in prosecuting further. (Para 9) |
| 4. court quashes fir based on settlement. (Para 10) |
| 5. formal disposal and order upload. (Para 11 , 12) |
JUDGMENT (ORAL)
1. The hearing has been conducted through video conferencing.
Crl. M.A. 2380/2021
2. Allowed, subject to all just exceptions.
Application is disposed of.
CRL.M.C.448/2021
3. Vide the present petition, petitioners seek direction for quashing of FIR No.756/2014 dated 17.07.2014 registered at Police Station Uttam Nagar and consequent proceedings arising therefrom.
CRL.M.C.448/2021
4. Notice issued.
5. Notice is accepted by learned APP for State and by counsel for respondent no.2 and with the consent of counsel for parties, present petition is taken up for final disposal.
6. Petitioner no.1 and respondent no.2 got married on 26.08.2013 as per Hindu rites and rituals. One male child was born out of the wedlock namely Kanha. Due to extreme incompatibilities between Petitioner no.1 and respondent no.2, they started living separately from 08.03.2014.
7. Petitioner no.1 and respondent no.2 with the intervention of their well wishers and relatives entered into an amicable settlement vide Memorandum of Understanding dated 14.01.2020 and settled all their disputes amicably.
8. Complainant/respondent no.2 is present in person and has been identified by SI Sushma/IO and submits that matter has been settled and she does not wish to prosecute the matter any further.
9. 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.
10. For the reasons afore-recorded, FIR No.756/2014 dated 17.07.2014 registered at Police Station Uttam Nagar and consequent proceedings emanating therefrom are quashed.
11. The petition is, accordingly, allowed and disposed of.
12. The order be uploaded on the website of this Court forthwith.
