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DELHI HIGH COURT
SURESH KUMAR KAIT
Harish Kumar – Appellant
Versus
State – Respondent
Crl. M.A. 2978/2021 (exemption)
1. Allowed, subject to all just exceptions.
2. Application is disposed of.
CRL.M.C.596/2021
3. Vide the present petition, petitioners seek direction for quashing of FIR No.689/2016, registered at Police Station Neb Sarai, 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.1 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.1 and respondent no.2, they started living separately since 2015.
7. Petitioner no.1 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 SI Rahul and submits that matter has been settled and she does not wish to prosecute the matter any further.
9. Taking into account th
Quashing of FIR is justified when parties settle amicably and the complainant chooses not to pursue the prosecution, emphasizing the importance of the complainant's consent in criminal proceedings.
An FIR can be quashed when the parties reach an amicable settlement and express no intent to prosecute further, as it serves no useful purpose to continue legal proceedings.
The court can quash an FIR when both parties have amicably settled their disputes and the complainant does not wish to proceed with prosecution.
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.
The High Court can quash an FIR when parties reach an amicable settlement and the complainant wishes to withdraw the prosecution, serving no useful purpose to continue legal proceedings.
Court can quash FIR if parties reach amicable settlement and complainant wishes not to pursue charges, indicating no useful purpose in prosecution.
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 can quash FIR and consequent proceedings arising from a marital dispute if an amicable settlement has been reached and the respondent is unwilling to prosecute the matter further.
A court may quash an FIR when the parties have amicably settled their disputes and continued 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.
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