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IN THE HIGH COURT OF DELHI
Suresh Kumar Kait, J.
Sumit Daga - Appellant
Versus
State - Respondent
Crl.M.C. 864 of 2021
Decided On : 15-03-2021




Amicable settlements between parties can lead to the quashing of FIRs, as continued proceedings serve no useful purpose.

Headnote:(A) Indian Penal Code, 1860 - Sections 498A, 406, and 34 - Quashing of FIR - Petition to quash FIR No.14/2017 initiated under Sections 498A/406 due to amicable settlement between the parties - Both sides agreed to abide by the Settlement-Agreement dated 14.01.2021. (Paras 1, 6, 9)

(B) Amicable Settlement - If the parties resolve their disputes amicably, the court may quash the FIR when no useful purpose would be served in continuing the proceedings. (Paras 9, 10)

Facts of the case:
The marriage of the petitioner and respondent was solemnized on 28.04.2009; however, they began living separately in April 2014. A comprehensive dispute led to the filing of the FIR, which was settled amicably as per the Settlement-Agreement on 14.01.2021.

Findings of Court:
The court quashed the FIR as the dispute was resolved amicably, concluding that it would not serve any purpose to continue the FIR proceedings.

Issues: The main issues were whether the FIR should be quashed based on the amicable resolution of disputes and the implications of the Settlement-Agreement.

Ratio Decidendi: The court held that when disputes are settled amicably by the concerned parties, the FIR can be quashed to prevent further needless proceedings.

Result: FIR No.14/2017 and all consequential proceedings are quashed.

Table of Content
1. petition aims to quash fir due to settlement. (Para 1 , 5 , 6)
2. court considers amicable resolution in decision. (Para 3 , 4 , 9)
3. agreement between parties to resolve dispute. (Para 7 , 8)
4. fir quashed due to resolved dispute. (Para 10)
5. petition allowed and concluded. (Para 11)

JUDGMENT (Oral)

1. Vide this petition, petitioners are seeking quashing of FIR No.14/2017, under Sections 498A/406/34 IPC, registered at police station Roop Nagar, Delhi and all other proceedings arising therefrom.

2. Notice issued.

3. Mr. Panna Lal Sharma, learned Additional Public Prosecutor for State accepts notice and submits that respondent No.2 is present in the Court and she has been identified as the complainant of FIR in question by the Investigating Officer of this case, who is also present in the Court.

4. With the consent of the parties, the present petition is taken up for final hearing and disposal.

5. The marriage between petitioner No.1 and respondent No.2 was solemnized on 28.04.2009 and due to temporal differences, the marriage could not work and they started living separately since April, 2014. The dispute between the parties culminated into the FIR in question.

6. The present petition has been filed on the ground that the parties have amicably settled their dispute in terms of Settlement-Agreement of 14.01.2021 and are living peacefully together.

7. Learned counsel for the petitioners submits that both the sides have agreed to abide by the terms of Settlement-Agreement of 14.01.2021.

8. Respondent No.2 present in the Court submits that she has no grievance against the petitioners and to enable her to restore cordial relations with her husband and in-laws, proceedings arising out of FIR in question be brought to an end.

9. Keeping in view that the dispute between the parties has been amicably resolved, this Court is inclined to quash the FIR in question, as no useful purpose would be served in continuing with the proceedings arising out of the present FIR.

10. For the reasons afore noted, FIR No.14/2017, under Sections 498A/406/34 IPC, registered at police station Roop Nagar, Delhi and consequent proceedings emanating therefrom are quashed.

11. The petition is accordingly allowed and disposed of.

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