Amicable settlement between parties can justify quashing of FIR, especially when the complainant does not wish to proceed with prosecution.

Headnote:(A) Code of Criminal Procedure, 1973 - Section 482 - Quashing of FIR - Petitioners sought to quash FIR regarding marital discord after amicable settlement between parties - The complainant expressed no interest in prosecution, leading the Court to find continuation of prosecution unnecessary. (Paras 3, 9, 10)

(B) Amicable Settlement - Importance of amicable resolution in criminal matters and the role of the Court in facilitating resolution as per the will of the parties involved. (Paras 7, 8)

Facts of the case:
Petitioners, after marriage in 2008 and subsequent separation in 2009, entered into a compromise in 2018 to resolve their disputes peacefully concerning FIR registered for domestic disputes. The complainant confirmed this resolution before the Court.

Findings of Court:
Quashing of the FIR was granted as no useful purpose would be served in continuing the prosecution.

Issues: The primary issue involved whether FIR could be quashed owing to the settlement between the parties and the complainant's wish not to pursue the matter.

Ratio Decidendi: The Court emphasized that if the parties have settled their disputes amicably and the complainant does not wish to pursue the case, the FIR may be quashed to serve justice effectively.

Result: Petition allowed; FIR and subsequent proceedings quashed.

JUDGMENT (Oral)

The hearing has been conducted through video conferencing.

Crl. M.A. 3065/2021

1. Allowed, subject to all just exceptions.

2. Application is disposed of.

CRL.M.C.626/2021 & Crl.M.A. 3066/2021

3. Vide the present petition, petitioners seek direction for quashing of FIR No.961/2015 dated 16.07.2015 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 counsel for respondent no.2 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 22.04.2008 as per Hindu rites and rituals. One male child was born out of the wedlock namely Sambhav. Due to extreme incompatibilities between petitioners and respondent no.2, they started living separately from 01.01.2009.

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 08.06.2018 and settled all their disputes amicably.

8. Complainant/respondent no.2 is present in person and has been identified by SI Mohit 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.961/2015 dated 16.07.2015 registered at Police Station Vijay Vihar and consequent proceedings emanating therefrom are quashed.

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

12. Pending application stands disposed of.

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