When parties to a dispute reach an amicable settlement, continued prosecution of an FIR serves no useful purpose under the legal framework.

Headnote:(A) Code of Criminal Procedure, 1973 - Sections pertaining to quashing of FIRs - Consent of parties - The FIR was quashed based on the amicable settlement between the parties who were married and had one child; the parties had resolved their disputes through a settlement deed dated 03.10.2019, and the complainant sought to end further prosecution. (Paras 1, 5, 6, and 9)

(B) Quashing of FIR - The court emphasized that when the parties have settled their disputes, further prosecution serves no useful purpose. (Paras 8 and 9)

Facts of the case:
The petitioners sought to quash FIR No.108/2015, contending that they reached an amicable settlement with the complainant after their marriage faced severe incompatibilities, leading to separation.

Findings of Court:
The court noted the absence of utility in continuing with the FIR due to the parties' settlement.

Issues: Whether the FIR could be quashed due to the amicable settlement between the parties.

Ratio Decidendi: The court found that continued prosecution was unnecessary given the settlement, which eliminated any remaining issues between the parties.

Result: FIR No.108/2015 is quashed.

Table of Content
1. settlement between parties to quash fir. (Para 1 , 4 , 5 , 6 , 7)
2. proceedings initiated and notice acceptance. (Para 2 , 3)
3. court's reasoning to quash the fir. (Para 8)
4. rationale for dismissing the fir. (Para 9)
5. final order and disposal of the petition. (Para 10 , 11)

JUDGMENT (Oral)

1. Vide the present petition, petitioners seek direction for quashing of FIR No.108/2015 dated 04.02.2015 registered at Police Station North Rohini and consequent proceedings arising therefrom.

2. Notice issued.

3. Notice is accepted by learned APP for State and by respondent no.2 present in person 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 14.11.2013 as per Hindu rites and rituals. One male child was born out of the wedlock namely Master Aadvik. Due to extreme incompatibilities between petitioners and respondent no.2, they started living separately from 27.05.2014.

5. Petitioners and respondent no.2 with the intervention of their well wishers and relatives entered into an amicable settlement before the Counselling Cell, Family Courts, North/West, Rohini, Delhi vide settlement deed dated 03.10.2019 and settled all their disputes amicably.

6. Complainant/respondent no.2 is present in person and has been identified by W/SI Suman of Police Station Rohini (North) and submits that matter has been settled and she does not wish to prosecute the matter any further.

7. The total settlement amount is Rs.18,90,000/-. It is submitted that the respondent no. 2 has already received an amount of Rs.12,60,000/-. A demand draft bearing No.642149 dated 19.02.2021 for the balance amount of Rs.6,30,000/- is handed over to the respondent no. 2 today in the Court.

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.108/2015 dated 04.02.2015 registered at Police Station North Rohini and consequent proceedings emanating therefrom are quashed.

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

11. Pending application also stands disposed of.

Click Here to Read the rest of this document