DELHI HIGH COURT
SURESH KUMAR KAIT
Anjul Gupta – Appellant
Versus
State NCT of Delhi – Respondent
| 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) |
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, Harya
Quash of Criminal proceedings - Settlement between parties - No useful purpose would be served in continuing proceedings.
Quashing of FIR in familial disputes is permissible when both parties agree to an amicable settlement, providing no public interest in prosecution.
The court affirmed that an amicable settlement between parties can justify the quashing of an FIR, especially when the complainant does not wish to pursue the case.
Amicable settlements between parties can justify the quashing of FIRs when no useful purpose is served by prosecution.
Amicable settlements between parties can lead to quashing of FIRs in criminal matters when continuation of prosecution serves no useful purpose.
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.
A settled dispute between parties, coupled with the complainant's wish not to pursue charges, justifies quashing of the FIR to serve no public interest.
The court can quash an FIR when both parties have amicably settled their disputes and the complainant does not wish to proceed with prosecution.
The court ruled that mutual consent and amicable settlement between parties can justify quashing an FIR when prosecution serves no useful purpose.
When parties to a dispute reach an amicable settlement, continued prosecution of an FIR serves no useful purpose under the legal framework.
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