Suresh Kumar vs State Govt. of NCT of Delhi

Headnote Court Copy Facts Arguments Court observation Judicial Analysis Case Map Category Hierarchy Table of Content

IN THE HIGH COURT OF DELHI
Suresh Kumar Kait, J.
Suresh Kumar - Appellant
Versus
State Govt. of NCT of Delhi - Respondent
Crl.M.C. 1062 of 2021
Decided On : 06-04-2021

Important Points

The Court may quash FIR proceedings when parties reach an amicable settlement, ensuring that further prosecution serves no purpose.

Subject

Criminal Law - Quashing of FIR

Headnote

(A) Code of Criminal Procedure, 1973 - Section 482 - Quashing of FIR - Petitioners seek quashing of FIR No.1087/2014 on grounds of amicable settlement between parties - Parties entered into a Memorandum of Understanding for Divorce by mutual consent and settled disputes amicably - Consent of complainant was expressed in court - No purpose in further prosecution. (Paras 3-11)

(B) Quashing - It is incumbent upon the court to quash proceedings where settlement between parties exists, which serves the interest of justice and prevents further hardship. (Paras 9-10)

Facts of the case:
Petitioners, having endured incompatibilities, married on 29.11.2013, but began living separately from 22.02.2014; successfully entered into an amicable settlement on 11.08.2019, resolving all disputes, with a settlement payment of Rs.2,00,000/- made in court.

Findings of Court:
Given the amicable resolution of disputes and lack of prosecution desire from the complainant, FIR No.1087/2014 and all related proceedings are quashed.

Issues: The crucial issue was whether the FIR should be quashed in light of an amicable settlement between parties.

Ratio Decidendi: The court concluded that the existence of a settlement and the complainant's consent to quash the case justified the decision to terminate further proceedings.

Result: Petition allowed, FIR quashed.

JUDGMENT (Oral)

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. Complainant/respondent No.2 is present in person and has been identified by SI Kuldeep Singh 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.1087/2014 dated 01.12.2014, registered at Police Station Punjabi Bagh, Delhi and consequent proceedings emanating therefrom are quashed.

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