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DELHI HIGH COURT
SURESH KUMAR KAIT
Suresh Kumar – Appellant
Versus
State Govt. of NCT of Delhi – Respondent
Crl. M.A. 5436/2021 (exemption)
1. Allowed, subject to all just exceptions.
2. Application is disposed of.
CRL.M.C.1062/2021
3. Vide the present petition, petitioners seek direction for quashing of FIR No.1087/2014 dated 01.12.2014, registered at Police Station Punjabi Bagh, 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. Petitioner no.1 and respondent no.2 got married on 29.11.2013. Due to extreme incompatibilities between petitioners and respondent no.2, they started living separately from 22.02.2014.
7. Petitioners and respondent no.2 with the intervention of their well wishers and relatives entered into an amicable settlement vide Memorandum of Understanding for Dissolution of Marriage by mutual consent dated 11.08.2019 and settled all their disputes amicably.
8. A demand draft bearing No.483013 dated 05.04.2021, towards balance settlement amount of Rs.2,00,000/- is handed over by the petitioner No.1 to the respondent no. 2 today in the Court.
9.
The Court may quash FIR proceedings when parties reach an amicable settlement, ensuring that further prosecution serves no purpose.
Family Dispute - Memorandum of Understanding for Dissolution of Marriage by mutual - Sought for quash of FIR - Amicable Settlement between parties - Court is inclined to quash FIR as no useful purpos....
A court may quash an FIR when the parties have amicably settled their disputes and continued prosecution serves no useful purpose.
In cases of amicable settlement between parties, and where prosecution serves no useful purpose, FIRs can be quashed according to Section 482 of the Code of Criminal Procedure.
Court can quash FIR if parties reach amicable settlement and complainant wishes not to pursue charges, indicating no useful purpose in prosecution.
Quashing of FIR is appropriate where an amicable settlement is reached, and the complainant wishes not to pursue the matter further.
The court can quash an FIR when the parties have amicably settled their disputes, asserting that no useful purpose would be served by continuing prosecution.
Court has the authority to quash FIRs in light of amicable settlements between parties, prioritizing resolution over prosecution.
An FIR can be quashed when the parties reach an amicable settlement and express no intent to prosecute further, as it serves no useful purpose to continue legal proceedings.
A criminal FIR may be quashed when the parties reach an amicable settlement and the complainant chooses not to prosecute the case.
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