The court can quash an FIR when the parties settle the dispute amicably and the complainant does not wish to pursue the case.

Headnote:(A) Code of Criminal Procedure, 1973 - Section applicable in quashing FIR - The present petition seeks to quash FIR No.740/2015 due to amicable settlement between the parties, with the complainant expressing no desire to pursue the matter further. (Paras 3, 6, 10)

Facts of the case:
The petitioners got married on 28.05.2013 and had one child. Due to incompatibilities, they started living separately from 10.08.2014 and subsequently entered into a settlement deed on 15.10.2019. (Para 6)

Findings of Court:
The court found that no useful purpose would be served by continuing the prosecution as the parties had amicably resolved their differences. (Para 9)

Issues: The primary issue was whether to quash the FIR based on the settlement between the parties and the complainant's wish not to proceed. (Paras 8, 10)

Ratio Decidendi: The court determined that given the amicable settlement and the complainant's current stance, the FIR no longer warranted prosecution, emphasizing that pursuing the matter would not serve any legal purpose. (Paras 9, 10)

Result: Petition allowed and FIR quashed.

Table of Content
1. quashing of fir based on amicable settlement. (Para 3 , 6 , 7 , 8)
2. notice and consent for final disposal. (Para 5)
3. court's inclination based on prosecution purpose. (Para 9)
4. fir quashed due to settled disputes. (Para 10)
5. final order allowing and disposing the petition. (Para 11 , 12)

JUDGMENT (ORAL)

The hearing has been conducted through video conferencing.

Crl. M.A. 2431/2021

1. Allowed, subject to all just exceptions.

2. Application is disposed of.

CRL.M.C.463/2021

3. Vide the present petition, petitioners seek direction for quashing of FIR No.740/2015 dated 08.08.2015 registered at Police Station Vikaspuriand 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 28.05.2013 as per Hindu rites and rituals. One female child was born out of the wedlock namely Aarattrika Singh. Due to extreme incompatibilities between Petitioner no.1 and respondent no.2, they started living separately from 10.08.2014.

7. Petitioner no.1and respondent no.2 with the intervention of their well wishers and relatives entered into an amicable settlement before the Counselling Cell, Family Courts, Dwarka Courts, New Delhivide settlement deed dated 15.10.2019and settled all their disputes amicably.

8. Complainant/respondent no.2is present in person through video conferencing and has been identified by SI Manju of Police Station VikasPuri and submits that matter has been settled and she does not wish to prosecute the matter any further. 7

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.740/2015 dated 08.08.2015 registered at Police Station Vikaspuri 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.

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