Vikas Sethi vs State

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IN THE HIGH COURT OF DELHI
Suresh Kumar Kait, J.
Vikas Sethi - Appellant
Versus
State - GNCTD - Respondent
Crl.M.C. 1064 of 2021
Decided On : 06-04-2021

Important Points

Quashing of FIR in familial disputes is permissible when both parties agree to an amicable settlement, providing no public interest in prosecution.

Subject

Criminal Law - Quashing of FIR

Headnote

(A) Indian Penal Code - Section 498A - Quashing of FIR - Petitioners seek direction for quashing FIR No.297/2016 due to amicable settlement in matrimonial disputes after separation - The court found that continuation of the case serves no useful purpose as the parties have settled their disputes. (Paras 1, 5, 7)

(B) Settlements - In family law cases, amicable resolution of disputes is encouraged, especially when both parties consent to the resolution and there’s no public interest in prosecution. (Paras 5, 6)

Table of Content
1. quashing of fir based on amicable settlement (Para 1 , 4 , 5 , 6)
2. court's inclination to quash fir due to no useful purpose (Para 7 , 8)
3. final disposal of the petition (Para 9)

JUDGMENT (Oral)

1. Vide the present petition, petitioners seek direction for quashing of FIR No.297/2016 dated 05.07.2016, registered at Police Station Khyala, Delhi and consequent proceedings arising therefrom.

2. Notice issued.

3. 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.

4. Petitioner no.1 and respondent no.2 got married on 12.11.2005 as per Hindu rites and ceremonies. Out of the said wedlock one son, namely, Master Parth Sethi was born on 01.01.2008. Due to extreme incompatibilities between petitioners and respondent no.2, they started living separately from 10.09.2015.

5. Petitioners and respondent no.2 entered into an amicable settlement before Counselling Cell, Family Court, Tis Hazari Courts, Delhi vide Settlement dated 22.08.2019 and settled all their disputes amicably.

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

7. 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.

8. For the reasons afore-recorded, FIR No.297/2016 dated 05.07.2016, registered at Police Station Khyala, Delhi and consequent proceedings emanating therefrom are quashed.

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