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DELHI HIGH COURT
SURESH KUMAR KAIT
Narender Singh – Appellant
Versus
State of GNCT of Delhi – Respondent
| Table of Content |
|---|
| 1. fir quashing based on amicable settlement. (Para 3 , 6 , 7 , 8) |
| 2. court's inclination to quash fir. (Para 9 , 10) |
| 3. final disposal of petition. (Para 11) |
Crl. M.A. 3970/2021 (exemption)
1. Allowed, subject to all just exceptions.
2. Application is disposed of.
CRL.M.C.802/2021
3. Vide the present petition, petitioners seek direction for quashing of FIR No.169/2018, registered at Police Station Welcome, Delhi and consequent proceedings arising therefrom.
4. Notice issued.
5. Notice is accepted by learned APP for State and by respondent no.2 present in Court 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 09.02.2013 as per Hindu rites and rituals. One male child was born out of the wedlock namely Devesh. Due to extreme incompatibilities between petitioners and respondent no.2, they started living separately since July, 2016.
7. Petitioner no.1 and respondent no.2 entered into an amicable settlement before the Court of learned MM-01/SHD/KKD/Delhi on 22.02.2020, settled their disputes and they started living together as husband and wife.
8.
The court can quash an FIR when both parties have amicably settled their disputes and the complainant does not wish to proceed with prosecution.
Matrimonial dispute – Settlement between parties - No useful purpose would be served in prosecuting petitioners any further - Proceedings quashed
Court can quash FIR if parties reach amicable settlement and complainant wishes not to pursue charges, indicating no useful purpose in prosecution.
A court can quash an FIR if the parties have reached an amicable settlement and the complainant no longer wishes to prosecute the matter, indicating no useful purpose in continuing proceedings.
Quashing of FIR is justified when parties settle amicably and the complainant chooses not to pursue the prosecution, emphasizing the importance of the complainant's consent in criminal proceedings.
Amicable settlements between parties can warrant the quashing of FIRs when continuation of prosecution serves no useful purpose.
Court can quash FIRs when parties reach an amicable settlement, preventing unnecessary prosecution.
An FIR can be quashed when the parties reach an amicable settlement and express no intent to prosecute further, as it serves no useful purpose to continue legal proceedings.
In cases of amicable settlement between parties, and where prosecution serves no useful purpose, FIRs can be quashed according to Section 482 of the Code of Criminal Procedure.
Amicable settlements between parties can lead to the quashing of FIRs under Section 482 of the Criminal Procedure Code when no further prosecution serves a useful purpose.
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