SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img



IN THE HIGH COURT OF DELHI
Suresh Kumar Kait, J.
Harish Kumar - Appellant
Versus
State - Respondent
Crl.M.C. 596 of 2021
Decided On : 24-02-2021




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.

Headnote:(A) Code of Criminal Procedure, 1973 - Section 482 - Quashing of FIR - Petitioners sought direction to quash FIR No.689/2016 following an amicable settlement between parties; the complainant expressed reluctance to proceed with prosecution. The court highlighted that prosecution serves no useful purpose. (Paras 3, 8, 10)

Facts of the case:
The petitioners were married in April 2005 and had two children. They lived separately since 2015 due to incompatibilities and reached an amicable settlement before the Mediation Centre.

Findings of Court:
The court's analysis led to the conclusion that continuing the prosecution would serve no productive purpose, resulting in the quashing of the FIR.

Issues: The central issue was the viability of continuing prosecution given the amicable settlement and the complainant's wishes.

Ratio Decidendi: The court ruled that the FIR could be quashed as the complainant did not wish to pursue the case any further, thus indicating no adverse consequence of quashing on the legal system.

Result: Petition allowed and FIR quashed.

JUDGMENT (Oral)

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 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.689/2016, registered at Police Station Neb Sarai, Delhi and consequent proceedings emanating therefrom are quashed.

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

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top