Quashing of FIR is appropriate where an amicable settlement is reached, and the complainant wishes not to pursue the matter further.

Headnote:(A) Indian Penal Code - Section 482 - Quashing of FIR - Petitioners seek direction to quash FIR No.128/2018 registered at Police Station Kalkaji, which is allowed by the Court based on the amicable settlement reached between parties. The complaint was settled with a sum of Rs.21,00,000/-, of which Rs.15,00,000/- has been received, and the remaining amount was provided in Court. (Paras 3, 7, 11)

(B) Consent of Complainant - The complainant expressed her desire not to prosecute further, highlighting the significance of personal compromise in criminal proceedings, as the prosecution serves no beneficial purpose in light of the settlement. (Paras 9, 10)

Facts of the case:
The petitioners and respondent no.2 were married on 29.03.2015, lived separately since 06.05.2017 due to incompatibilities, and reached a compromise on 11.11.2020, which includes a settlement amount of Rs.21,00,000/-.

Findings of Court:
The court noted that continuing prosecution would not serve a useful purpose given the amicable resolution and the consent of the complainant.

Issues: Whether to quash an FIR based on a mutual settlement prior to prosecution.

Ratio Decidendi: The court concluded that in cases of amicable settlements reached between parties, and where the complainant does not wish to proceed, quashing the FIR is warranted, promoting resolution over prosecution.

Result: FIR No.128/2018 quashed.

Table of Content
1. conclusion on disposal of petition. (Para 1 , 2)
2. settlement of disputes through mutual consent. (Para 3 , 6 , 7 , 8 , 9)
3. issuance and acceptance of notice. (Para 4 , 5)
4. court's authority to quash fir. (Para 10 , 11)

JUDGMENT (Oral)

Crl. M.A. 4684/2021

1. Allowed, subject to all just exceptions.

2. Application is disposed of.

CRL.M.C.933/2021

3. Vide the present petition, petitioners seek direction for quashing of FIR No.128/2018 dated 16.04.2018 registered at Police Station Kalkaji 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. Petitioner no.1 and respondent no.2 got married on 29.03.2015 as per Hindu rites and rituals. Due to extreme incompatibilities between petitioners and respondent no.2, they started living separately from 06.05.2017.

7. Petitioner no.1 and respondent no.2 with the intervention of their well wishers and relatives entered into an amicable settlement vide compromise deed/Panchayati Vivah Viched dated 11.11.2020 and settled all their disputes amicably.

8. The total settlement amount is Rs.21,00,000/- (Rupees Twenty One Lakhs only). It is submitted that the respondent no. 2 has already received an amount of Rs.15,00,000/- (Rupees Fifteen Lakhs only). A demand draft bearing No.755661 dated 09.03.2021 for the balance amount of Rs.6,00,000/- (Rupees Six Lakhs only) is handed over to the respondent no. 2 today in the Court.

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

10. 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.

11. For the reasons afore-recorded, FIR No.128/2018 dated 16.04.2018 registered at Police Station Kalkaji and consequent proceedings emanating therefrom are quashed.

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

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