IN THE HIGH COURT OF DELHI
Suresh Kumar Kait, J.
Gajender Singh Yadav - Appellant
Versus
State NCT of Delhi - Respondent
Crl.M.C. 396 of 2021
Decided On : 10-02-2021
| Table of Content |
|---|
| 1. quashing of fir upon request. (Para 3 , 4) |
| 2. marriage, separation, and amicable settlement. (Para 6 , 7 , 8) |
| 3. no useful purpose in prosecution. (Para 9) |
| 4. fir and proceedings quashed. (Para 10) |
| 5. order of the court. (Para 11 , 12) |
The hearing has been conducted through video conferencing.
Crl. M.A. 2091/2021
1. Allowed, subject to all just exceptions.
2. Application is disposed of.
CRL.M.C. 396/2021
3. Vide the present petition, petitioners seek direction for quashing of FIR No.46/2020 dated 02.3.2020 registered at Police Station Jagat Puri 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 25.11.2016 as per Hindu rites and rituals. 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 before the Delhi Mediation Centre, Karkardooma Courts, Delhi vide settlement deed dated 16.10.2020 and settled all their disputes amicably and living together as husband and wife since 26.6.2020.
8. Complainant/respondent no.2 is present in person through video conferencing and has been identified by SI Avinash Kumar of Police Station Jagat Puri 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.46/2020 dated o2.03.2020 registered at Police Station Jagat Puri 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.
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 ruled that mutual consent and amicable settlement between parties can justify quashing an FIR when prosecution serves no useful purpose.
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.
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....
The court can quash FIR and consequent proceedings in a matrimonial dispute if the parties have entered into an amicable settlement and the complainant expresses unwillingness to prosecute the matter....
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 can lead to the quashing of FIRs when both parties agree not to pursue prosecution, emphasizing judicial economy and resolution of disputes.
Parties can amicably settle disputes, and such settlements justify quashing of FIRs, especially in cases stemming from personal issues.
An FIR can be quashed when the parties have amicably settled their disputes and the continuation of prosecution serves no useful purpose.
The court can quash an FIR when the parties involved have settled the dispute amicably and no further prosecution is desired, ensuring judicial resources are not wasted.
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