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IN THE HIGH COURT OF DELHI
Suresh Kumar Kait, J.
Abdul Fahim - Appellant
Versus
State of Delhi NCT of Delhi - Respondent
Crl.M.C. 247 of 2021
Decided On : 01-03-2021




The court can quash an FIR when the parties involved have settled the dispute amicably and no further prosecution is desired, ensuring judicial resources are not wasted.

Headnote:(A) Criminal Procedure Code, 1973 - Section 482 - Quashing of FIR - Petitioners sought to quash FIR No.169/2017 due to amicable settlement - Parties who were in dispute, now settled through Delhi Mediation Centre, following traditions of their marriage under Muslim rites - Respondent present in court consented to quashing as she does not wish to prosecute further. (Paras 6, 8, 9)

(B) Quashing of FIR - Court's authority to quash FIR in instances where continuation serves no useful purpose - Settlement between parties eliminates necessity for prosecution. (Paras 3, 8)

Facts of the case:
Petitioners sought quashing of FIR following an amicable settlement after marriage and subsequent divorce under Shariat Law. Respondent expressed her desire to drop charges.

Findings of Court:
Court finds no utility in prosecuting petitioners further, allowing the petition and quashing the FIR.

Issues: Whether the FIR should be quashed in light of the amicable settlement and the respondent's wish to discontinue prosecution.

Ratio Decidendi: The Court held that continuation of proceedings serves no purpose when both parties express that the matter has been resolved amicably.

Result: FIR No.169/2017 quashed.

Table of Content
1. factual background of marriage and settlement (Para 3 , 6 , 7)
2. court's reasoning for quashing fir (Para 8)
3. quashing of fir ordered (Para 9 , 10)

JUDGMENT (Oral)

The hearing has been conducted through video conferencing.

Crl. M.A. 1276/2021 (exemption)

1. Allowed, subject to all just exceptions.

2. Applications are disposed of.

CRL.M.C.247/2021

3. Vide the present petition, petitioners seek direction for quashing of FIR No.169/2017, registered at Police Station Hauz Qazi, 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 Court 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 26.01.2015 as per Muslim rites and rituals. Due to extreme incompatibilities between petitioners and respondent no.2, the dispute arose between them. Petitioner no.1 and respondent no.2 entered into an amicable settlement before Delhi Mediation Centre, Tis Hazari Courts, Delhi vide Settlement dated 07.05.2019. As per the settlement, petitioner no.1 has already given divorce to respondent no.2 as per Shariat Law, which has already been accepted by her.

7. Complainant/respondent no.2 is present in person through video conferencing and has been identified by SI Habeeb and submits that matter has been settled and she does not wish to prosecute the matter any further.

8. 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.

9. For the reasons afore-recorded, FIR No.169/2017, registered at Police Station Hauz Qazi, Delhi and consequent proceedings emanating therefrom are quashed.

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

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