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IN THE HIGH COURT OF DELHI
Suresh Kumar Kait, J.
Rajender Gurani - Appellant
Versus
State - Respondent
Crl.M.C. 670 of 2021
Decided On : 01-03-2021
Important Points
Subject
Criminal Law - Quashing of FIR
Headnote
(B) Marriage and Divorce - The parties married on 03.05.2018 and experienced incompatibilities leading to separation; a compromise deed dated 12.10.2020 resolves all disputes amicably. (Paras 4-5)
Facts of the case:
Petitioners and respondent no.2 married as per Hindu rites but separated due to incompatibilities. They reached an amicable settlement, with the complainant indicating to withdraw the charges.
Findings of Court:
Taking into account the settlement expressed by the complainant, the court decides to quash the FIR, noting that further prosecution serves no useful purpose.
Issues: The principal issue is whether the FIR should be quashed based on the amicable settlement and the complainant's withdrawal of interest in prosecution.
Ratio Decidendi: The court finds that since the complainant does not wish to pursue the prosecution after an amicable settlement, the FIR and subsequent proceedings are quashed, emphasizing that continuing the prosecution would be futile.
Result: FIR quashed and petition allowed.
| Table of Content |
|---|
| 1. petition for quashing fir. (Para 1) |
| 2. settlement of disputes between parties. (Para 4 , 5 , 6) |
| 3. court's inclination to quash based on settled matters. (Para 7) |
| 4. fir and proceedings quashed. (Para 8) |
| 5. final order allowing the petition. (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.73/2020 dated 21.10.2020 registered at Police Station Palam Village and consequent proceedings arising therefrom.
2. Notice issued.
3. Notice is accepted by learned APP for State and by respondent no.2 who is present in person through video conferencing 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 03.05.2018 as per Hindu rites and rituals. Due to extreme incompatibilities between petitioners and respondent no.2, they started living separately from 09.04.2020.
5. Petitioners and respondent no.2 with the intervention of their well wishers and relatives entered into an amicable settlement vide compromise deed dated 12.10.2020 and settled all their disputes amicably.
6. Complainant/respondent no.2 is present in person and has been identified by W/ASI Laxmi of Police Station Palam Village 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.73/2020 dated 21.10.2020 registered at Police Station Palam Vihar and consequent proceedings emanating therefrom are quashed.
9. The petition is, accordingly, allowed and disposed of.
