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IN THE HIGH COURT OF DELHI
Suresh Kumar Kait, J.
Ashish Bansal - Appellant
Versus
Govt. of NCT of Delhi - Respondent
Crl.M.C. 798 of 2021
Decided On : 09-03-2021




Court can quash FIRs when parties reach an amicable settlement, preventing unnecessary prosecution.

Headnote:(A) Quashing of FIR - Consent of parties - Incompatibility leading to separation - Settlement Deeds executed - Complainant does not wish to prosecute - Quashing of proceedings directed as no useful purpose in prosecution. (Paras 3, 6, 8, 10)

(B) Legal principle - It is within the purview of the court to quash FIRs when amicable settlements have been reached between the parties involved, ensuring that legal proceedings do not continue unnecessarily. (Para 9)

Facts of the case:
Petitioners sought the quashing of FIR No.341/2019 following their marriage on 30.05.2019, which ended in separation due to differences. A settlement had been reached between the parties. (Paras 4-6)

Findings of Court:
The court found that the matter had been amicably settled and that continuing prosecution would serve no purpose. (Paras 9-10)

Issues: Whether the FIR should be quashed in light of the amicable settlement between the parties. (Paras 3, 10)

Ratio Decidendi: The court held that due to the settlement reached by the parties and the complainant's wish to not pursue the matter, it was appropriate to quash the FIR. (Paras 9-10)

Result: The FIR and proceedings are quashed, and the petition is allowed.

Table of Content
1. petition for quashing fir. (Para 3 , 4 , 5)
2. marital issues resolved through settlement. (Para 6 , 7 , 8)
3. court agrees to quash fir due to resolution. (Para 9 , 10)
4. order to dispose of the petition. (Para 11 , 12)

JUDGMENT (Oral)

The hearing has been conducted through video conferencing.

Crl. M.A. 3962/2021

1. Allowed, subject to all just exceptions.

2. Application is disposed of.

CRL.M.C.798/2021

3. Vide the present petition, petitioners seek direction for quashing of FIR No.341/2019 dated 06.09.2019 registered at Police Station Sarita 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 30.05.2019 as per Hindu rites and rituals. Due to extreme incompatibilities between petitioners and respondent no.2, they started living separately from 16.07.2019.

7. Petitioners and respondent no.2 with the intervention of their well wishers and relatives have entered into an amicable settlement and settled all their disputes. In pursuance to Settlement, Petitioner no.2 and Respondent no.2 have executed Settlement Deed dated 18.11.2020 and Petitioner no.1 and Respondent no.2 have executed Settlement Deed dated 03.12.2020.

8. Complainant/respondent no.2 is present in person and has been identified by SI Ved Prakash of Police Station Sarita 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.341/2019 dated 06.09.2019 registered at Police Station Sarita Vihar and consequent proceedings emanating therefrom are quashed.

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

12. The order be uploaded on the website of this Court forthwith.

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