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IN THE HIGH COURT OF DELHI
Suresh Kumar Kait, J.
Satyam Khanna - Appellant
Versus
State NCT of Delhi - Respondent
Crl.M.C. 538 of 2021 & Crl.M.A. 2695-96 of 2021
Decided On : 19-02-2021




Amicable settlement in matrimonial disputes can lead to quashing of FIRs under IPC when no useful purpose would be served by ongoing proceedings.

Headnote:(A) Indian Penal Code, 1860 - Sections 498A, 406, 34 - Quashing of FIR - The parties amicably settled their dispute through a settlement agreement under the aegis of the Delhi High Court Mediation and Conciliation Centre - The marriage was solemnized on 14.10.2015 and the couple started living separately on 14.12.2016 - FIR No.274/2016 was filed based on matrimonial disputes - Respondent confirmed receipt of settlement amount of Rs.4,55,000/- and expressed no objection to quashing the FIR - The court found that allowing the FIR to continue would serve no useful purpose. (Paras 1, 5, 8, 9)

Findings of Court:
The FIR and subsequent proceedings are quashed based on the amicable resolution between the parties.

Issues: The primary issue was whether the settlement between the parties warranted the quashing of the FIR.

Ratio Decidendi: The court held that in view of the amicable settlement resulted from mediation, the continuation of proceedings would be unnecessary.

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

Table of Content
1. amicable settlement and grounds for quashing fir. (Para 1 , 5 , 6 , 7)
2. court acknowledges dispute resolution process. (Para 3 , 4 , 8)
3. quashing of fir based on settlement. (Para 9)
4. final order and disposition of petitions. (Para 10 , 11)

JUDGMENT (ORAL)

The hearing has been conducted through video conferencing.

1. By this petition, petitioners are seeking quashing of FIR No.274/2016, under Sections 498A/406/34 IPC, registered at police station Geeta Colony, Delhi and the proceedings emanating therefrom.

2. Notice issued.

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

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

5. The marriage between petitioner No.1 and respondent No.2 was solemnized on 14.10.2015 and due to temporal differences, the marriage could not work and they started living separately since 14.12.2016. The 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 dispute in terms of Settlement- Agreement of 09.12.2019 arrived at Delhi High Court Mediation and Conciliation Centre. It is stated that joint petition under Section 13 (1) (ia) and Section 13 B(2) under the Hindu Marriage Act, 1955 has been allowed by the learned Principal Judge, Family Court, Saket Courts, New Delhi and decree of divorce has been granted on 16.12.2020.

7. Learned counsel for the petitioners submits that the terms of Settlement-Agreement dated 09.12.2019 have been acted upon and the balance amount of Rs.4,55,000/-has been paid to respondent No.2/complainant. Respondent No.2, present through video conferencing, affirms factum of receipt of balance amount and submits she has `no objection' to quashing of FIR in question.

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.274/2016, under Sections 498A/406/34 IPC, registered at police station Geeta Colony, Delhi and consequent proceedings emanating therefrom are hereby quashed.

10. The petition is accordingly allowed and disposed of. Pending applications also stand disposed of.

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

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