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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




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.

Headnote:(A) Code of Criminal Procedure, 1973 - Section 482 - Quashing of FIR - The court acknowledged the amicable settlement between the parties pursuant to which the complainant expressed no desire to prosecute further - FIR No.46/2020 quashed as continuing proceedings would serve no useful purpose. (Paras 3, 10)

(B) Principles of reconciliation - The court emphasized the importance of amicable resolutions in disputes stemming from personal relationships, exemplifying this approach through the facts of the case where the parties reached a settlement. (Paras 7, 9)

Facts of the case:
Petitioners sought the quashing of an FIR registered due to marital disputes that were settled amicably after extensive incompatibilities, with the complainant indicating her non-willingness to proceed. (Paras 4, 6)

Findings of Court:
Given that the parties had reconciled and settled their disputes amicably, prosecution was deemed unnecessary. (Paras 8, 10)

Issues: The main issue was whether the FIR should be quashed due to an amicable settlement between the parties. (Paras 3, 4)

Ratio Decidendi: The court held that in cases of personal disputes where parties are reconciled and there is no desire to proceed, FIRs may be quashed to prevent unnecessary litigation. (Paras 9, 10)

Result: The petition was allowed and FIR No.46/2020 along with subsequent proceedings were quashed.

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)

JUDGMENT (Oral)

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.

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