A complainant's desire to not prosecute a matter, coupled with an amicable settlement, warrants quashing of the FIR to prevent unnecessary prosecution.

Headnote:(A) Code of Criminal Procedure, 1973 - Section 482 - Quashing of FIR - Petition to quash FIR No.39/2019 for a case that has been settled amicably between the parties. The parties got married on 22.06.2018, separated due to incompatibility on 24.07.2018, and entered into a settlement deed on 04.12.2019. (Paras 3, 6, 7, 9)

(B) No useful purpose - The court emphasized that prosecuting the petitioners further would serve no useful purpose, thus deciding to quash the FIR and related proceedings. (Paras 9, 10)

Facts of the case:
The petitioners, after marrying on 22.06.2018 and experiencing incompatibilities, separated on 24.07.2018 and later reached an amicable settlement regarding their disputes. Complainant expressed a desire not to proceed with the case.

Findings of Court:
The court found no justification for further prosecution and decided to quash the FIR and proceedings arising therefrom.

Issues: The primary issue was whether the FIR could be quashed given the amicable resolution of disputes between the parties.

Ratio Decidendi: The court ruled that in cases where disputes are amicably settled and the complainant wishes not to proceed, continuing prosecution would not serve justice.

Result: FIR No.39/2019 and corresponding proceedings quashed.

Table of Content
1. settlement of disputes leads to quash of fir. (Para 3 , 6 , 7 , 8)
2. court quashes fir due to lack of purpose in prosecution. (Para 9)
3. court orders quashing of fir and proceedings. (Para 10)
4. petition allowed and disposed of. (Para 11)

JUDGMENT (ORAL)

The hearing has been conducted through video conferencing.

Crl. M.A. 2853/2021

1. Allowed, subject to all just exceptions.

2. Application is disposed of.

CRL.M.C. 574/2021

3. Vide the present petition, petitioners seek direction for quashing of FIR No.39/2019 dated 15.02.2019 registered at Police Station Vijay Vihar 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.1 and respondent no.2 got married on 22.06.2018 as per Hindu rites and rituals. Due to extreme incompatibilities between petitioners and respondent no.2, they started living separately from 24.07.2018.

7. Petitioner no.1 and respondent no.2 with the intervention of their well wishers and relatives entered into an amicable settlement before the Counselling Cell, Family Courts, North West, Rohini, Delhi vide settlement deed dated 04.12.2019 and settled all their disputes amicably.

8. Complainant/respondent no.2 is present in person and has been identified by SI Parveen of Police Station Vijay Vihar 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.39/2019 dated 15.02.2019 registered at Police Station Vijay Vihar and consequent proceedings emanating therefrom are quashed.

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

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