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IN THE HIGH COURT OF DELHI
Suresh Kumar Kait, J.
Amitabh - Appellant
Versus
State (Govt. of NCT of Delhi) - Respondent
Crl.M.C. 471 of 2021
Decided On : 16-02-2021
| Table of Content |
|---|
| 1. amicable settlement leads to quashing of fir. (Para 3 , 6 , 7 , 8) |
| 2. no useful purpose in prosecution. (Para 9) |
| 3. fir quashed based on settlement agreement. (Para 10 , 11) |
| 4. order for disposal and publishing. (Para 12 , 13) |
The hearing has been conducted through video conferencing.
Crl. M.A. 2450/2021
1. Allowed, subject to all just exceptions.
2. Application is disposed of.
CRL.M.C.471/2021
3. Vide the present petition, petitioners seek direction for quashing of FIR No.488/2018 dated 08.10.2018 registered at Police Station Shakarpur 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 21.02.2014 as per Hindu rites and rituals. Due to extreme incompatibilities between petitioners and respondent no.2, they started living separately since 2015.
7. Petitioner no.1 and respondent no.2 with the intervention of their well wishers and relatives entered into an amicable settlement before the Counselling Cell, Family Courts, Vishwas Nagar, Delhi vide settlement deed dated 25.07.2020 and settled all their disputes amicably.
8. Complainant/respondent no.2 is present in person through video conferencing and has been identified by SI Anand Prakash of Police Station Laxmi Nagar 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.488/2018 dated 08.10.2018 registered at Police Station Shakarpur and consequent proceedings emanating therefrom are quashed.
11. Parties shall remain bound by the terms and conditions of the aforesaid settlement deed arrived at between the parties.
12. The petition is, accordingly, allowed and disposed of.
13. The order be uploaded on the website of this Court forthwith.
Amicable settlements in family disputes can lead to quashing of FIRs when the parties express a desire to discontinue prosecution, emphasizing judicial economy and the significance of resolving confl....
An FIR can be quashed if both parties have entered into a mutually agreed settlement and the complainant no longer wishes to pursue the case, demonstrating that prosecution serves no useful purpose.
An FIR can be quashed if the parties amicably settle their disputes and the complainant no longer wishes to proceed with prosecution.
Parties can amicably settle disputes, and such settlements justify quashing of FIRs, especially in cases stemming from personal issues.
In cases of personal disputes resolved amicably, continuing prosecutions serve no purpose, allowing for the quashing of FIRs under Section 482 of the Code of Criminal Procedure.
The court can quash an FIR when the parties settle the dispute amicably and the complainant does not wish to pursue the case.
A settled dispute between parties, coupled with the complainant's wish not to pursue charges, justifies quashing of the FIR to serve no public interest.
Amicable settlements in matrimonial disputes can justify the quashing of FIRs to avoid unnecessary prosecutions and facilitate justice.
The court can quash an FIR when parties amicably settle their disputes and express a desire not to pursue the prosecution.
Amicable settlement between parties can justify quashing of FIR, especially when the complainant does not wish to proceed with prosecution.
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