An FIR can be quashed if both parties have entered into a mutually agreed settlement and the complainant no longer wishes to pursue the case, demonstrating that prosecution serves no useful purpose.

Headnote:(A) Code of Criminal Procedure, 1973 - Sections 482, 154 - Quashing of FIR - Petitioners sought quashing of FIR No.80/2017 as the complainant wished to withdraw - The couple's amicable resolution facilitated the quashing, noting that continued prosecution would serve no useful purpose. (Paras 3, 7, 9)

(B) Marriage and Family Law - Amicable settlement - A settlement reached between parties is valid for quashing proceedings if both express a desire to end the legal action. (Paras 6, 8)

Facts of the case:
The parties married on 11.06.2015 and separated on 15.11.2015 due to incompatibilities, later resolving disputes through a settlement deed on 06.02.2020. The complainant no longer wished to prosecute.

Findings of Court:
The court found sufficient grounds to quash the FIR given the amicable settlement and the complainant's request.

Issues: Whether the FIR should be quashed based on the settlement agreement and the wish of the complainant.

Ratio Decidendi: The court determined that an FIR can be quashed if prosecution serves no useful purpose, particularly in the context of amicable settlements and mutual consent from the parties involved.

Result: FIR No.80/2017 and its proceedings are quashed.

Table of Content
1. petition filed for quashing fir. (Para 3 , 4 , 5)
2. parties entered into amicable settlement. (Para 6 , 7 , 8)
3. no purpose served in prosecuting further. (Para 9)
4. fir quashed based on settlement. (Para 10)
5. petition allowed and disposed. (Para 11)

JUDGMENT (Oral)

The hearing has been conducted through video conferencing.

Crl. M.A. 3053/2021

1. Allowed, subject to all just exceptions.

2. Application is disposed of.

CRL.M.C.621/2021

3. Vide the present petition, petitioners seek direction for quashing of FIR No.80/2017 dated 07.07.2017 registered at Police Station CAW Cell- Nanakpura and consequent proceedings arising therefrom.

4. Notice issued.

5. Notice is accepted by learned APP for State and by respondent no.2 who is present in person 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 11.06.2015 as per Hindu rites and rituals. Due to extreme incompatibilities between petitioners and respondent no.2, they started living separately from 15.11.2015.

7. Petitioner no.1 and respondent no.2 with the intervention of their well wishers and relatives entered into an amicable settlement vide compromise-cum-settlement deed dated 06.02.2020 and settled all their disputes amicably.

8. Complainant/respondent no.2 is present in person and has been identified by W/SI Sunita of Police Station Nanakpura 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.80/2017 dated 07.07.2017 registered at Police Station CAW Cell-Nanakpura 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