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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
| 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) |
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.
Quashing of FIR in familial disputes is permissible when both parties agree to an amicable settlement, providing no public interest in prosecution.
The court can quash an FIR when both parties have amicably settled their disputes and the complainant does not wish to proceed with prosecution.
A court can quash an FIR if the parties have reached an amicable settlement and the complainant no longer wishes to prosecute the matter, indicating no useful purpose in continuing proceedings.
Amicable settlements between parties can justify the quashing of FIRs when no useful purpose is served by prosecution.
An FIR can be quashed when the complainant does not wish to prosecute after reaching an amicable settlement.
Parties can amicably settle disputes, and such settlements justify quashing of FIRs, especially in cases stemming from personal issues.
The court can quash FIR and consequent proceedings in a matrimonial dispute if the parties have entered into an amicable settlement and the complainant is unwilling to prosecute the matter further.
Mutual consent in marital disputes allows courts to quash FIRs when the parties have amicably settled their differences, reinforcing judicial efficiency.
An FIR can be quashed when the parties have amicably settled their disputes and the continuation of prosecution serves no useful purpose.
Amicable settlements between parties can lead to quashing of FIRs in criminal matters when continuation of prosecution serves no useful purpose.
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