The court may quash an FIR in matrimonial disputes where parties have amicably settled and the complainant no longer wishes to pursue prosecution.

Headnote:(A) Code of Criminal Procedure, 1973 - Section 482 - Quashing of FIR - Petitioners sought direction to quash FIR No.169/2018 registered at Police Station Neb Sarai based on amicable settlement with the respondent - The respondent expressed desire not to prosecute further - Settlement deed of Rs.16,00,000/- agreed upon, with Rs.4,00,000/- handed over in court. (Paras 1, 5, 9, 10)

(B) Criminal Procedure - Settlements in matrimonial disputes - Where parties have reached an amicable settlement and the complainant does not wish to pursue the matter, the court may quash the FIR to serve justice and circumvent unnecessary prosecution. (Paras 7, 9)

Facts of the case:
Petitioners, after marriage on 10.12.2013 and subsequent separation, entered into an amicable settlement including a monetary agreement regarding disputes related to their marriage and child. (Paras 4, 5)

Findings of Court:
The court acknowledged the amicable settlement and the complainant's request to not pursue the case further, allowing the quashing of the FIR and stating it serves no useful purpose to continue prosecution. (Paras 9, 10)

Issues: The primary issue was whether the FIR could be quashed based on the amicable settlement between the parties involved. (Paras 1, 7)

Ratio Decidendi: The court concluded that where an amicable settlement is reached, and the complainant does not wish to proceed, the FIR should be quashed as continuing prosecution would be unwarranted. (Paras 9, 10)

Result: FIR No.169/2018 and all proceedings are quashed; the petition is allowed and disposed of.

Table of Content
1. settlement between parties and case background. (Para 1 , 4 , 5 , 6 , 7 , 8)
2. court's reasoning for quashing fir. (Para 9)
3. court's final decision on the matter. (Para 10 , 11)

JUDGMENT (Oral)

1. Vide the present petition, petitioners seek direction for quashing of FIR No.169/2018 dated 19.04.2018 registered at Police Station Neb Sarai and consequent proceedings arising therefrom.

2. Notice issued.

3. 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.

4. Petitioner no.1 and respondent no.2 got married on 10.12.2013 as per Hindu rites and rituals. One male child was born out of the wedlock namely Ansh @ Daksh. Due to extreme incompatibilities between petitioners and respondent no.2, they started living separately.

5. Petitioner no.1 and respondent no.2 with the intervention of their well wishers and relatives entered into an amicable settlement vide settlement deed dated 28.08.2018 and settled all their disputes amicably.

6. The total settlement amount is Rs.16,00,000/- (Rupees Sixteen Lakhs only). It is submitted that the respondent no. 2 has already received an amount of Rs.12,00,000/- (Rupees Twelve Lakhs only). A demand draft bearing No.071743 dated 07.01.2021 drawn on SBI Bank for the balance amount of Rs.4,00,000/- (Rupees Four Lakhs only) is handed over to the respondent no. 2 today in the Court.

7. Complainant/respondent no.2 is present in person and has been identified by SI Avdhesh Dixit of Police Station Neb Sarai and submits that matter has been settled and she does not wish to prosecute the matter any further.

8. Petitioner has supplied attested hard copy of the caste certificate to respondent no.2 in court for getting her son's caste certificate.

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 dated 19.04.2018 registered at Police Station Neb Sarai and consequent proceedings emanating therefrom are quashed.

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

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