Amicable settlements in matrimonial disputes allow for quashing of FIRs and discontinuation of prosecution, provided both parties consent to the resolution.

Headnote:(A) Code of Criminal Procedure, 1973 - Section 482 - Quashing of FIR - The petitioners sought to quash FIR No. 0152/2019 due to an amicable settlement between parties in mediation - The complainant expressed desire not to prosecute further, indicating no useful purpose in proceeding with the matter - Court quashed the FIR based on these circumstances. (Paras 1, 5, 9)

(B) The court emphasized that amicable settlements in matrimonial disputes, especially when both parties agree to not pursue litigation, can lead to quashing of FIRs and discontinuation of prosecution. (Para 8)

Facts of the case:
The parties got married on 23.11.2008 and have one daughter, born on 02.05.2011. They began living separately since July 2017. After entering into an amicable settlement, the complainant decided not to pursue prosecution.

Findings of Court:
FIR No. 0152/2019 is quashed as prosecution served no useful purpose considering the amicable resolution reached by the parties.

Issues: The main issue addressed is whether FIRs can be quashed in light of amicable settlements between parties who have previously had matrimonial disputes.

Ratio Decidendi: The court asserted that when both parties mutually agree not to proceed with litigation, the court can quash FIRs to uphold justice, thereby facilitating private resolutions.

Result: The petition is allowed and the FIR is quashed.

Table of Content
1. amicable settlements after marriage disputes. (Para 1 , 4 , 5 , 6 , 7)
2. acceptance of notice and readiness for disposal. (Para 2 , 3)
3. court's inclination to quash fir due to settled matter. (Para 8)
4. quashing of fir based on the settled dispute. (Para 9)
5. conclusion granting relief to petitioners. (Para 10)

JUDGMENT (Oral)

1. Vide the present petition, petitioners seek direction for quashing of FIR No.0152/2019, registered at Police Station Hauz Khas, 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 23.11.2008 at Sakhuja Farms, Mehrauli, Delhi as per Hindu rites and ceremonies. Out of the said wedlock, a daughter, namely, Aaishi, was born on 02.05.2011. Due to extreme incompatibilities between petitioners and respondent no.2, they started living separately from July, 2017.

5. Petitioners and respondent no.2 entered into an amicable settlement before the Mediation Centre, District Courts, Gurugram, Haryana vide settlement dated 04.02.2020 and settled all their disputes amicably.

6. Subsequently the petitioner no.1 and respondent no.2 had entered into an another settlement deed dated 15.02.2020 in addition to Settlement arrived between them before Mediation Centre, District Courts Gurguram, Haryana as few others terms were inadvertently left to be recorded in the Settlement recorded on 04.02.2020.

7. Complainant is present in person and has been identified by WSI Himanshi 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.0152/2019, registered at Police Station Hauz Khas, Delhi and consequent proceedings emanating therefrom are quashed.

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

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