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IN THE HIGH COURT OF DELHI
Suresh Kumar Kait, J.
Harveen Singh Giroti - Appellant
Versus
State - Respondent
Crl.M.C. 737 of 2021
Decided On : 06-04-2021
| Table of Content |
|---|
| 1. request for quashing of fir (Para 1) |
| 2. details of marriage and amicable settlement (Para 4 , 5 , 6 , 7) |
| 3. court's inclination to quash fir (Para 8) |
| 4. final order to quash fir (Para 9 , 10) |
1. Vide the present petition, petitioners seek direction for quashing of FIR No.217/2016 dated 08.03.2016 registered at Police Station Moti Nagar 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 04.12.2013 as per Hindu rites and rituals. One male child was born out of the wedlock namely Master Samarth Singh. Due to extreme incompatibilities between petitioners and respondent no.2, they started living separately.
5. Petitioner no.1 and respondent no.2 with the intervention of their well wishers and relatives entered into an amicable settlement before the Delhi Mediation Centre, Tis Hazari Courts, Delhi vide settlement deed dated 23.04.2018 and settled all their disputes amicably.
6. The total settlement amount is Rs.6,50,000/- (Rupees Six Lakhs Fifty Thousand only). It is submitted that the respondent no.2 has already received an amount of Rs.4,00,000/- (Rupees Four Lakhs only). A demand draft bearing No.721902 dated 11.02.2021 for the balance amount of Rs.2,50,000/- (Rupees Two Lakhs Fifty Thousand only) is handed over to the respondent no. 2 today in the Court.
7. Complainant/respondent no.2 is present in person and has been identified by SI Raj Kumar of Police Station Moti Nagar and submits that matter has been settled and she does not wish to prosecute the matter any further.
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.217/2016 dated 08.03.2016 registered at Police Station Moti Nagar and consequent proceedings emanating therefrom are quashed.
10. The petition is, accordingly, allowed and disposed of.
An FIR can be quashed when the complainant does not wish to prosecute after reaching an amicable settlement.
When parties to a dispute reach an amicable settlement, continued prosecution of an FIR serves no useful purpose under the legal framework.
Mutual consent in marital disputes allows courts to quash FIRs when the parties have amicably settled their differences, reinforcing judicial efficiency.
Amicable settlements can lead to the quashing of FIRs when both parties agree not to pursue prosecution, emphasizing judicial economy and resolution of disputes.
The court may quash an FIR in matrimonial disputes where parties have amicably settled and the complainant no longer wishes to pursue prosecution.
Quashing of FIR is appropriate where an amicable settlement is reached, and the complainant wishes not to pursue the matter further.
The court held that amicable settlements in matrimonial disputes justify quashing of FIRs, as continuing prosecution serves no purpose when parties wish to resolve their differences peacefully.
Court has the authority to quash FIRs in light of amicable settlements between parties, prioritizing resolution over prosecution.
Quashing of FIR in familial disputes is permissible when both parties agree to an amicable settlement, providing no public interest in prosecution.
A court may quash an FIR when the parties have amicably settled their disputes and continued prosecution serves no useful purpose.
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