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IN THE HIGH COURT OF DELHI
Suresh Kumar Kait, J.
Sumit Singh - Appellant
Versus
State (Govt. of Delhi) - Respondent
Crl.M.C. 956 of 2021
Decided On : 22-03-2021
| Table of Content |
|---|
| 1. grounds for quashing of fir based on amicable settlement. (Para 1 , 5 , 6) |
| 2. parties agree to resolve disputes in court. (Para 2 , 3 , 4 , 7) |
| 3. court's inclination to quash fir due to resolution. (Para 8) |
| 4. legal basis for quashing the fir. (Para 9) |
| 5. final order allowing the petition and disposal. (Para 10) |
1. Vide present petition, petitioners are seeking quashing of FIR No.446/2016, under Sections 498A/406/34 IPC & Section 4 of Dowry Prohibition Act, registered at police station Aman Vihar, Delhi and all other proceedings arising therefrom.
2. Notice issued.
3. Mr. G.M.Farooqui, learned Additional Public Prosecutor for State accepts notice and submits that respondent No.2 is present in the Court and she has been identified as the complainant of FIR in question by the Investigating Officer of this case, who is also present in the Court.
4. With the consent of the parties, the present petition is taken up for final hearing and disposal.
5. The marriage of petitioner No.1/husband and respondent No.2/wife was solemnized on 01.07.2014 due to temporal differences, they started living separately since 28.08.2019. The dispute between the parties culminated into the FIR in question.
6. The present petition has been filed on the ground that the parties have amicably settled their dispute vide Settlement Agreement dated 29.06.2019 reached through Delhi Mediation Centre, Rohini District Courts, Delhi and they are happily and peacefully living together for last 1= years.
7. Respondent No.2 present in the Court submits that she has no grievance against the petitioner and to enable her to restore cordial relations with her husband and in-laws, proceedings arising out of FIR in question be brought to an end.
8. Keeping in view that the dispute between the parties has been amicably resolved, this Court is inclined to quash the FIR in question, as no useful purpose would be served in continuing with the proceedings arising out of the present FIR.
9. For the reasons afore noted, FIR No.446/2016, under Sections 498A/406/34 IPC & Section 4 of Dowry Prohibition Act, registered at police station Aman Vihar, Delhi and consequent proceedings emanating therefrom are hereby quashed.
10. The petition is accordingly allowed and disposed of.
The court held that amicable settlements between parties substantiate grounds for quashing FIRs in dowry-related cases to prevent unnecessary legal proceedings.
Amicable settlement through mediation can lead to the quashing of FIR and consequent proceedings.
The court emphasized the importance of amicable settlements in matrimonial disputes and the exercise of inherent powers under section 482 of the Code to secure the ends of justice.
The court can exercise inherent powers to quash proceedings based on an amicable settlement between the parties in matrimonial disputes.
Amicable settlements between parties can lead to the quashing of FIRs, as continued proceedings serve no useful purpose.
Amicable settlement in matrimonial disputes can lead to quashing of FIRs under IPC when no useful purpose would be served by ongoing proceedings.
The court can quash an FIR under Section 482 Cr.P.C if the matter has been amicably settled between the parties and no useful purpose would be served by keeping the case pending.
The court may quash an FIR in matrimonial disputes if the parties have amicably settled their issues and no grievances remain.
The court can quash criminal proceedings based on an amicable settlement between the parties, as per the inherent power under Section 482 Cr.P.C. and established legal principles.
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