The court held that amicable settlements in matrimonial disputes justify quashing of FIRs, as continuing prosecution serves no purpose when parties wish to resolve their differences peacefully.

Headnote:(A) Code of Criminal Procedure, 1973 - Section 482 - Quashing of FIR - Petitioners sought quashing of FIR No. 266/2017 for which parties reached an amicable settlement - Respondent no. 2 stated her lack of interest in prosecution - Court quashed the FIR, holding that no useful purpose would be served in continuing the proceedings. (Paras 3, 8, 10)

(B) Amicable Settlement - The court recognized the binding nature of the settlement reached between the parties, stating that such settlements in matrimonial disputes should be encouraged, especially where both parties exhibit willingness to resolve their differences peacefully. (Paras 7, 9)

Facts of the case:
The petitioners, a married couple with two children, sought to quash an FIR arising from their marital disputes after reaching an amicable settlement, indicating their intention to continue the marriage. The respondent present did not wish to pursue the FIR further.

Findings of Court:
The court found it appropriate to quash the FIR, emphasizing that the prosecution would not serve a useful purpose given the settled nature of the dispute.

Issues: The primary issue was whether an amicable resolution between the parties warranted the quashing of the FIR and discontinuance of legal proceedings.

Ratio Decidendi: The court concluded that in instances where parties amicably settle their disputes, particularly in marital contexts, it’s in the interest of justice to quash FIRs to prevent unnecessary legal harassment.

Result: Petition allowed; FIR quashed.

Table of Content
1. final disposal and order of the court. (Para 1 , 2 , 11 , 12)
2. seeking quashing of fir based on petitions. (Para 3)
3. notice issued and parties' consent. (Para 4 , 5)
4. marriage and children details are provided. (Para 6)
5. amicable settlement between parties. (Para 7)
6. complainant's statement on settlement. (Para 8)
7. court's inclination to quash fir. (Para 9 , 10)

JUDGMENT (Oral)

The hearing has been conducted through video conferencing.

Crl. M.A. 2136/2021

1. Allowed, subject to all just exceptions.

2. Application is disposed of.

CRL.M.C.375/2021

3. Vide the present petition, petitioners seek direction for quashing of FIR No. 266/2017 dated 20.08.2017 registered at Police Station Khyala and consequent proceedings arising therefrom.

4. Notice issued.

5. Notice is accepted by learned APP for State and by counsel for respondent no.2/respondent no.2 present in person 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 01.06.2009 as per Hindu rites and rituals. Two children were born out of the wedlock namely Master Vansh Grover and Miss Pranjal Grover. Due to extreme incompatibilities between petitioners and respondent no.2, they started living separately.

7. Petitioner and respondent no.2 with the intervention of their well wishers and relatives entered into an amicable settlement before the Delhi Mediation Centre, Tis Hazari Courts, Delhi vide settlement deed dated 11.02.2020 and settled all their disputes amicably and decided to live as husband and wife.

8. Complainant/respondent no.2 is present in person and has been identified by SI Rooma Yadav of Police Station Khyala 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 the present FIR as no useful purpose would be served in prosecuting petitioners any further.

10. For the reasons afore-recorded, FIR No. 266/2017 dated 20.08.2017 registered at Police Station Khyala 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.

Click Here to Read the rest of this document