Shanwaz vs State (Govt. of N.C.T.)

Headnote Court Copy Facts Arguments Court observation Judicial Analysis Case Map Category Hierarchy Table of Content

IN THE HIGH COURT OF DELHI
Suresh Kumar Kait, J.
Shanwaz - Appellant
Versus
State (Govt. of N.C.T.) - Respondent
Crl.M.C. 507 of 2021 & Crl.M.A. 2596 of 2021
Decided On : 18-02-2021

Important Points

Quashing of an FIR is warranted when parties amicably settle their matrimonial dispute, supported by a mutual consent divorce.

Subject

Family Law - Matrimonial Dispute

Headnote

(A) Indian Penal Code, 1860 - Sections 498A, 406, and 34 - Quashing of FIR - Petitioners sought quashing of FIR alleging matrimonial dispute; parties amicably settled the dispute as per the terms of the settlement reached through Family Court, affirmed in court - The marital relationship was dissolved by mutual consent divorce - Continuation of FIR proceedings deemed unnecessary. (Paras 5, 6, 8, and 9)

(B) Mutual Consent Divorce - The parties affirmed the completion of terms of the settlement, justifying the quashing of proceedings. (Para 8)

Facts of the case:
The marriage between petitioners was solemnized on 25.02.2015, broke down due to temperamental differences, leading to an FIR in question. A mutual consent divorce was granted on 19.02.2020.

Findings of Court:
The court found no usefulness in continuing with proceedings arising from the FIR post amicable settlement.

Issues: The key issues included whether the FIR should be quashed based on the amicable settlement and mutual consent divorce.

Ratio Decidendi: The court held that the amicable resolution of matrimonial disputes warrants quashing of FIR, as no legal purpose is served by continuing the proceedings.

Result: FIR No.139/2017 quashed.

JUDGMENT (ORAL)

1. Vide this petition, petitioners are seeking quashing of FIR No.139/2017, under Sections 498A/406/34 IPC, registered at police station Gokul Puri, New Delhi.

2. Notice issued.

3. Mr. Izhar Ahmed, learned Additional Public Prosecutor for State accepts notice and submits that respondent No.2 is present in the Court and she has been identified as the complainant of FIR in question by the Investigating Officer of this case, who is also present in the Court.

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

5. The marriage between petitioner No.1/husband and respondent No.2/wife was solemnized on 25.02.2015 as per Muslim Rites and Customs and due to temperamental differences, the marriage could not work and they started living separately since August, 2016. The matrimonial dispute between the parties culminated into the FIR in question.

6. The present petition has been filed on the ground that the parties have amicably settled their matrimonial dispute in terms of Settlement dated 11.02.2020 reached through Family Court, Karkardooma Courts, Delhi.

7. Learned counsel for the petitioners submits that the marriage between petitioner No.1 and respondent No.2 stands dissolved by a mutual consent divorce on 19.02.2020 and as per Muslim Shariat and the terms of settlement have been fully acted upon. It is so affirmed by respondent No.2, who is also present in the Court.

8. Keeping in view that the dispute between the parties has been amicably resolved, 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. For the reasons afore noted, FIR No.139/2017, under Sections 498A/406/34 IPC, registered at police station Gokul Puri, New Delhi and consequent proceedings emanating therefrom against the petitioners, are hereby quashed.

10. The petition is accordingly allowed and disposed of.

11. Pending application also stands disposed of.