Amicable settlements between parties can warrant the quashing of FIRs when continuation of prosecution serves no useful purpose.

Headnote:(A) Code of Criminal Procedure, 1973 - Quashing of FIR - Petitioners sought to quash FIR No.430/2016 registered at Police Station Bawana on the grounds of an amicable settlement between the parties. (Para 3)

(B) Amicable Settlement - The parties, after incompatibilities, entered into an amicable settlement and resumed cohabitation, leading the court to find that further prosecution would serve no useful purpose. (Paras 6-9)

Facts of the case:
The petitioners got married on 19.01.2012 and have one child. Due to incompatibilities, they lived separately but later reconciled and settled their differences. (Paras 6-7)

Findings of Court:
The FIR and subsequent proceedings were quashed as the complainant no longer wished to pursue the matter, and further prosecution was deemed unnecessary. (Paras 9-10)

Issues: The central issue was whether the FIR should be quashed given the amicable settlement of the parties.

Ratio Decidendi: The court found that pursuing the case further would not serve any beneficial purpose as both parties expressed a desire to settle. (Para 9)

Result: FIR No.430/2016 quashed.

Table of Content
1. final order and disposal of application. (Para 1 , 2)
2. quashing of fir based on mutual settlement. (Para 3 , 6 , 7 , 8)
3. acknowledgment of notice and consent for final disposal. (Para 4 , 5)
4. court's reasoning to quash fir. (Para 9 , 10)

JUDGMENT (ORAL)

Crl. M.A. 2844/2021

1. Allowed, subject to all just exceptions.

2. Application is disposed of.

CRL.M.C.573/2021

3. Vide the present petition, petitioners seek direction for quashing of FIR No.430/2016 dated 10.10.2016 registered at Police Station Bawana 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 19.01.2012 as per Hindu rites and rituals. One male child was born out of the wedlock namely Darsh. Due to extreme incompatibilities between petitioners and respondent no.2, they started living separately.

7. Petitioner no.1 and respondent no.2 with the intervention of their well wishers and relatives entered into an amicable settlement vide memorandum deed dated 03.11.2020 and started living together as husband and wife.

8. Complainant/respondent no.2 is present in person and has been identified by SI Jagbir of Police Station Bawana 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.430/2016 dated 10.10.2016 registered at Police Station Bawana and consequent proceedings emanating therefrom are quashed.

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

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