In cases of amicable settlement, courts can quash FIRs to prevent unnecessary legal proceedings, as per the provisions of the Hindu Marriage Act.

Headnote:(A) Hindu Marriage Act, 1955 - Sections 13(1)(ia) and 13 B(2) - Quashing of FIR No.150/2018 related to marriage disputes - Parties amicably settled their disputes as per Memorandum of Understanding dated 25.11.2020; the decree of divorce granted on 11.01.2021 - Keeping in view the amicable resolution, the court finds no useful purpose in pursuing the FIR further. (Paras 6 to 8)

(B) Criminal Procedure - Quashing FIR - Where parties have settled disputes amicably, and judicial intervention is no longer necessary, quashing of FIR is warranted to uphold the principles of justice and prevent unnecessary continuation of legal proceedings. (Paras 8 and 9)

Facts of the case:
The marriage between the parties was solemnized on 24.02.2016, and they started living separately on 03.02.2017; the FIR arose due to the disputes stemming from their marital discord.

Findings of Court:
The FIR and the proceedings arising from it are quashed as the disputes were amicably resolved between the parties.

Issues: The main issue addressed was whether the FIR could be quashed considering the amicable settlement reached by the parties.

Ratio Decidendi: The court held that in cases where disputes between parties are resolved amicably, continuing with criminal proceedings would serve no useful purpose and thus quashing the FIR is appropriate.

Result: FIR No.150/2018 and proceedings arising therefrom are quashed.

Table of Content
1. quashing of fir due to amicable settlement. (Para 1 , 5 , 6)
2. court's role in resolving settled disputes. (Para 3 , 8)
3. legal basis for quashing the fir. (Para 9)
4. conclusion and disposal of the petition. (Para 10 , 11)

JUDGMENT (ORAL)

The hearing has been conducted through video conferencing.

1. Vide the present petition, petitioners are seeking quashing of FIR No.150/2018, registered at police station Sagarpur, New Delhi and all other proceedings arising therefrom.

2. Notice issued.

3. Mr. G.M.Farooqui, learned Additional Public Prosecutor for State accepts notice and submits that respondent No.2 is present through video conference and she has been identified as the complainant of FIR in question by the Investigating Officer of this case, who is also present through video conferencing.

4. With the consent of the parties, the present petition is taken up for final hearing.

5. The marriage between petitioner No.1 and respondent No.2 was solemnized on 24.02.2016 and due to temporal differences, the marriage could not work and they started living separately since 03.02.2017. The dispute between the parties culminated into the FIR in question.

6. The present petition has been filed on the ground that the parties have amicably settled their dispute in terms of Memorandum of Understanding dated 25.11.2020. It is stated that joint petition under Section 13 (1) (ia) and Section 13 B(2) under the Hindu Marriage Act, 1955 has been allowed by the learned Principal Judge, Family Court, Dwarka, New Delhi and decree of divorce has been granted on 11.01.2021.

7. Learned counsel for the petitioners submits that the terms of Memorandum of Understanding dated 25.11.2020 have been acted upon and therefore, the proceedings arising out of FIR in question be brought to an end.

8. Keeping in view that the dispute between the parties has been amicably resolved, this Court is inclined to quash the FIR in question, as no useful purpose would be served in continuing with the proceedings arising out of the present FIR.

9. For the reasons aforenoted, FIR No.150/2018, registered at police station Sagarpur, New Delhi and consequent proceedings emanating therefrom are hereby quashed.

10. The petition is accordingly allowed and disposed of.

11. Pending application also stands disposed of.

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