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IN THE HIGH COURT OF DELHI
Suresh Kumar Kait, J.
Harmunish Singh - Appellant
Versus
State - Respondent
Crl.M.C. 915 of 2021
Decided On : 18-03-2021




A court may quash an FIR when the parties have amicably settled their disputes and continued prosecution serves no useful purpose.

Headnote:(A) Criminal Procedure Code, 1973 - Quashing of FIR - The petitioner sought quashing of FIR No.148/2016 due to amicable settlement between parties - The respondent No.2 expressed no objection to the quashing - Court acknowledged the amicable settlement through a Settlement Deed dated 27.07.2019. (Paras 6-12)

(B) Criminal Proceedings - The court ruled that since the parties have settled their dispute, continuing the prosecution would serve no useful purpose. (Paras 11-12)

Facts of the case:
The petitioner and respondent No.2 married on 20.04.2012, separated in July 2016, and resolved disputes amicably through a settlement deed.

Findings of Court:
The court quashed the FIR and proceedings as it deemed continuation unjust under the circumstances.

Issues: The main issue was whether the settlement between parties warrants quashing of the FIR.

Ratio Decidendi: The court concluded that continued prosecution was unnecessary after the parties settled their disputes amicably.

Result: FIR and proceedings quashed.

Table of Content
1. petitioner's settlement leads to quashing of fir. (Para 3 , 6 , 7 , 8)
2. respondent no. 2 consents to quashing fir. (Para 9 , 10)
3. court's reasoning for quashing based on no utility. (Para 11)
4. final order quashing the fir. (Para 12 , 13)

JUDGMENT (ORAL)

Crl.M.A.4609-11/2021 (exemption)

1. Allowed, subject to all just exceptions.

2. Applications stand disposed of.

CRL.M.C. 915/2021

3. Vide the present petition, petitioner seeks direction for quashing of FIR No.148/2016, registered at Police Station CWC Nanakpura, Delhi 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. The present petition is filed on the ground that parties have settled their disputes and respondent No. 2 has no objection if the present petition is allowed.

7. Petitioner and respondent No.2 got married on 20.04.2012. Due to extreme incompatibilities between petitioner and respondent no.2, they started living separately from July, 2016.

8. Petitioner and respondent No.2 entered into an amicable settlement vide Settlement Deed dated 27.07.2019 and settled all their disputes amicably.

9. Complainant/respondent No.2 is present in person and has been identified by SI Yashpal Singh and submits that matter has been settled and she does not wish to prosecute the matter any further.

10. A demand draft bearing No.600738 dated 22.02.2021 for the balance amount of Rs.5,00,000/- towards balance settlement amount is handed over to the respondent No.2 today in the Court.

11. 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.

12. For the reasons afore-recorded, FIR No.148/2016, registered at Police Station CWC Nanakpura, Delhi and consequent proceedings emanating therefrom are quashed.

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

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