The court ruled that mutual consent and amicable settlement between parties can justify quashing an FIR when prosecution serves no useful purpose.

Headnote:(A) Indian Penal Code, 1860 - Section 498A - Quashing of FIR - The petitioners sought to quash an FIR registered for alleged offences under IPC due to amicable settlement between the parties - The court recognized the settlement and the complainant's wish not to pursue the matter further. (Paras 3, 6, 10)

(B) Settlement Agreement - Court emphasized the efficiency of amicable resolutions in disputes and the significance of mutual consent for disposal of cases. (Paras 7, 9)

Facts of the case:
The petitioners, a married couple since 2006, separated in 2007; after mediation, they resolved their differences amicably through a settlement deed in 2019. The complainant confirmed the settlement and expressed a desire to withdraw the case against the petitioners.

Findings of Court:
The court noted that continuing prosecution would serve no useful purpose and accepted the settlement reached by the parties. The FIR and accompanying proceedings were quashed.

Issues: The primary issues addressed included the validity of the settlement and the complainant's request to not prosecute further.

Ratio Decidendi: The court held that the presence of an amicable settlement and the withdrawal of consent by the complainant warranted quashing the FIR, underscoring the importance of resolving disputes mutually.

Result: The petition was allowed and the FIR was quashed.

Table of Content
1. procedural aspects and acceptance of applications (Para 1 , 1 , 2 , 4 , 5 , 8)
2. quashing of fir post amicable settlement (Para 3 , 6 , 7 , 9)
3. court's decision based on settlement (Para 10 , 11 , 12)

JUDGMENT (ORAL)

1. The hearing has been conducted through video conferencing.

Crl. M.A. 2398/2021

2. Allowed, subject to all just exceptions. Application is disposed of.

CRL.M.C. 454/2021

3. Vide the present petition, petitioners seek direction for quashing of FIR No.102/2011 dated 04.04.2011 registered at Police Station Burari and consequent proceedings arising therefrom.

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 24.06.2006 as per Hindu rites and rituals. Due to extreme incompatibilities between petitioners and respondent no.2, they started living separately from 11.12.2007.

7. Petitioners and respondent no.2 with the intervention of their well wishers and relatives entered into an amicable settlement before the Delhi Mediation Centre, Tis Hazari Courts, Delhi vide settlement deed dated 23.07.2019 and settled all their disputes amicably.

8. It is agreed by counsel for the petitioner, on instructions, that the steps have already been taken for withdrawal of the pending appeal and he has undertaken before this court that pending appeal shall be withdrawn without further delay.

9. Complainant/respondent no.2 is present in person and has been identified by SI Yogendra of Police Station Burari 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.102/2011 dated 04.04.2011 registered at Police Station Burari and consequent proceedings emanating therefrom are quashed.

12. The petition is, accordingly, allowed and disposed of.

13. Pending application also stands disposed of.

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

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