The court can quash an FIR when both parties have amicably settled their disputes and the complainant does not wish to proceed with prosecution.

Headnote:(A) Code of Criminal Procedure, 1973 - Section 482 - Quashing of FIR - Petitioners sought to quash FIR No.169/2018 for an amicable settlement post-marriage - Complainant present in court, expressed wish not to prosecute - No useful purpose in prosecution - Quashing is justified. (Paras 3, 9, 10)

Facts of the case:
Petitioners were married on 09.02.2013 and had one child. Due to incompatibilities, they separated in July 2016 but later entered into a settlement in February 2020. The complainant no longer wishes to proceed.

Findings of Court:
The court found merit in the petitioner's request to quash the FIR as pursuing it further would serve no useful purpose.

Issues: The court addressed whether to quash the FIR given the amicable settlement and the complainant’s wish to discontinue the proceedings.

Ratio Decidendi: The court reasoned that the continuation of proceedings would be unnecessary and counterproductive given the resolution between the parties and the complainant's intent not to pursue the case.

Result: FIR No.169/2018 quashed and petition allowed.

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)

JUDGMENT (Oral)

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. Complainant/respondent no.2 is present in person and has been identified by ASI Dharmveer 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.169/2018, registered at Police Station Welcome, Delhi and consequent proceedings emanating therefrom are quashed.

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

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