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IN THE HIGH COURT OF DELHI
Suresh Kumar Kait, J.
Bhupender Kumar - Appellant
Versus
State - Respondent
Crl.M.C. 970 of 2021
Decided On : 23-03-2021




Mutual consent in marital disputes allows courts to quash FIRs when the parties have amicably settled their differences, reinforcing judicial efficiency.

Headnote:(A) Code of Criminal Procedure, 1973 - Section 482 - Quashing of FIR - Petitioners seek quashing of FIR No.276/2017; marriage dissolved amicably through a Mutual Divorce settlement - Complainant present and does not wish to prosecute further - No useful purpose in continuing proceedings. (Paras 1, 6, 8, 9)

(B) Mutual Consent - The court emphasizes the importance of amicable settlements in family disputes, noting that such resolutions contribute to judicial efficiency. (Paras 5, 6)

Facts of the case:
Petitioners married in 2012 and have one child; they separated in 2016 due to incompatibilities and settled disputes amicably in 2018.

Findings of Court:
FIR quashed as pursuing it would serve no beneficial purpose for either party.

Issues: Whether to quash the FIR in light of a mutual settlement between the parties.

Ratio Decidendi: Courts can quash FIRs when the parties have resolved their differences amicably, emphasizing the value of reconciliation in family law matters.

Result: FIR quashed and petition allowed.

Table of Content
1. petition seeks quashing of fir. (Para 1)
2. details of marriage and amicable settlement. (Para 4 , 5)
3. respondent does not wish to prosecute. (Para 6 , 7)
4. court's intent to quash fir. (Para 8)
5. final order allowing the petition. (Para 9 , 10)

JUDGMENT (Oral)

1. Vide the present petition, petitioners seek direction for quashing of FIR No.276/2017, registered at Police Station Keshav Puram and consequent proceedings arising therefrom.

2. Notice issued.

3. Notice is accepted by learned APP for State and by respondent no.2 present in person 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 03.12.2012 as per Hindu rites and rituals. One child was born out of the wedlock namely master "Kartik". Due to extreme incompatibilities between petitioners and respondent no.2, they started living separately from 16.01.2016.

5. Petitioners and respondent no.2 entered into an amicable settlement vide Memorandum of Understanding-cum-Settlement Deed for mutual Divorce dated 30.10.2018 and settled all their disputes amicably.

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

7. The total settlement amount is Rs.3,50,000/-. A demand draft bearing No.502539 dated 16.02.2021, for the balance amount of Rs.1,00,000/- is handed over to the respondent no. 2 today in the Court.

8. 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.

9. For the reasons afore-recorded, FIR No.276/2017, registered at Police Station Keshav Puram and consequent proceedings emanating therefrom are quashed.

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

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