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IN THE HIGH COURT OF DELHI
Suresh Kumar Kait, J.
Ajay Kumar Saroj - Appellant
Versus
State - Respondent
Crl.M.C. 663 of 2021
Decided On : 01-03-2021




Amicable settlements between parties can lead to quashing of FIRs in criminal matters when continuation of prosecution serves no useful purpose.

Headnote:(A) Code of Criminal Procedure, 1973 - Section 482 - FIR quashing - Petitioners sought to quash FIR No.84/2017 regarding a marriage dispute exacerbated by incompatibilities, later amicably settled with the respondent - The court recognized that continuation of prosecution serves no useful purpose. (Paras 1, 6, 7)

Facts of the case:
Petitioners entered into a marriage on 11.02.2008. Due to incompatibilities, they separated on 27.03.2017. They reconciled and settled their disputes as per a settlement deed on 12.11.2020. The respondent does not wish to continue prosecution.

Findings of Court:
The court determined that given the amicable resolution, prosecuting the petitioners would be futile.

Issues: The primary issue was whether the FIR should be quashed given the amicable settlement between parties.

Ratio Decidendi: The court held that where an amicable settlement exists, and the complainant does not wish to pursue charges, the FIR may be quashed to prevent unnecessary proceedings.

Result: FIR quashed and petition allowed.

Table of Content
1. petitioners seek quashing of fir. (Para 1 , 2 , 3)
2. settlement between parties after marriage. (Para 4 , 5 , 6)
3. no purpose in prosecuting further. (Para 7)
4. fir quashed as per court decision. (Para 8)
5. the petition allowed and disposed. (Para 9)

JUDGMENT (Oral)

The hearing has been conducted through video conferencing.

1. Vide the present petition, petitioners seek direction for quashing of FIR No.84/2017 dated 23.08.2017 registered at Police Station Chankyapuri and consequent proceedings arising therefrom.

2. Notice issued.

3. 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.

4. Petitioner no.1 and respondent no.2 got married on 11.02.2008 as per Hindu rites and rituals. Due to extreme incompatibilities between petitioners and respondent no.2, they started living separately from 27.03.2017.

5. Petitioner no.1 and respondent no.2 with the intervention of their well wishers and relatives entered into an amicable settlement vide settlement deed dated 12.11.2020 and settled all their disputes amicably.

6. Complainant/respondent no.2 is present in person and has been identified by WSI Asha of Police Station Chanakyapuri and submits that matter has been settled and she does not wish to prosecute the matter any further.

7. 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.

8. For the reasons afore-recorded, FIR No.84/2017 dated 23.08.2017 registered at Police Station Chankyapuri and consequent proceedings emanating therefrom are quashed.

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

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