Amicable settlements between parties can lead to the quashing of FIRs under Section 482 of the Criminal Procedure Code when no further prosecution serves a useful purpose.

Headnote:(A) Criminal Procedure Code, 1973 - Section 482 - Quashing of FIR - Petitioners seek quashing of FIR No.230/2018 for non-prosecution after amicable settlement reached between parties - Court held that prosecution would serve no useful purpose in view of settlement - Notice issued and accepted by parties. (Paras 3, 6, 10)

(B) Fundamental Rights - Right to life and personal liberty - Settlements and compounding of offences where parties reach amicable resolutions should be respected to uphold personal liberties. (Paras 8, 9)

Facts of the case:
Petitioners, post-marriage in 2005, have two children and have lived separately since 2015 due to incompatibilities. An amicable settlement was reached before the Mediation Centre in January 2020. Respondent no.2, the complainant, expressed desire not to pursue the case further.

Findings of Court:
The court finds that quashing the FIR serves the interests of justice as no utility arises in pursuing the case further given the amicable resolution.

Issues: Whether the FIR should be quashed upon the complainant's request, following an amicable settlement between the parties.

Ratio Decidendi: The court emphasized the importance of personal liberties, affirming that if parties do not wish to proceed, prosecution should not be enforced, especially when an amicable settlement exists.

Result: Petition allowed; FIR quashed.

Table of Content
1. conclusion and disposal of application (Para 1 , 2 , 4 , 5 , 11)
2. quashing fir due to settlement (Para 3 , 6 , 7 , 8)
3. court's rationale for quashing fir (Para 9 , 10)

JUDGMENT (ORAL)

Crl. M.A. 2778/2021 (exemption)

1. Allowed, subject to all just exceptions.

2. Application is disposed of.

CRL.M.C.554/2021

3. Vide the present petition, petitioners seek direction for quashing of FIR No.230/2018, registered at Police Station Saket, Delhi and consequent proceedings arising therefrom.

4. Notice issued.

5. Notice is accepted by learned APP for State and by respondent no.2 present in person through video conferencing and with the consent of counsel for parties, present petition is taken up for final disposal.

6. Petitioner no.2 and respondent no.2 got married on 17.04.2005. Two children (one boy and one girl) were born out of the said wedlock. Due to extreme incompatibilities between petitioner no.2 and respondent no.2, they started living separately since 2015.

7. Petitioner no.2 and respondent no.2 entered into an amicable settlement vide settlement dated 27.01.2020 before the Mediation Centre, Saket Courts, New Delhi.

8. Complainant/respondent no.2 is present in person and has been identified by WSI Nitesh of Police Station Saket 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.230/2018, registered at Police Station Saket, Delhi and consequent proceedings emanating therefrom are quashed.

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

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