IN THE HIGH COURT OF DELHI
Suresh Kumar Kait, J.
Kailash Chandra - Appellant
Versus
State NCT of Delhi - Respondent
Crl.M.C. 893 of 2021 & Crl.M.A. 4461 of 2021
Decided On : 09-04-2021
| Table of Content |
|---|
| 1. grounds for quashing fir based on settlement (Para 1 , 4 , 5) |
| 2. procedural status of the hearing (Para 2 , 3) |
| 3. court's observation on resolution of dispute (Para 6 , 7) |
| 4. quashing of fir based on amicable resolution (Para 8) |
| 5. final order on petition and application (Para 9 , 10) |
The hearing has been conducted through video conferencing.
1. By this petition, petitioners are seeking quashing of FIR No.95/2018, registered at police station Nihal Vihar, Delhi.
2. Mr. G.M.Farooqui, learned Additional Public Prosecutor for State accepts notice and submits that respondent No.2 is present through video conferencing and she has been identified as the complainant of FIR in question by the Investigating Officer of this case, who is also present through video conferencing.
3. With the consent of the parties, the present petition is taken up for final hearing.
4. The marriage between petitioner No.1/husband and respondent No.2/wife was solemnized on 11.12.2014 as per Hindu Rites but due to temperamental differences, the marriage could not work and they started living separately since 2016. The matrimonial dispute between the parties culminated into the FIR in question.
5. The present petition has been filed on the ground that the parties have amicably settled their matrimonial dispute in terms of Settlement dated 27.07.2019 reached through Counseling Cell, Tis Hazari Courts, Delhi.
6. Learned counsel for the petitioners submits that the marriage between petitioner No.1 and respondent No.2 stands dissolved by a mutual consent divorce on 07.11.2019 and the terms of settlement have been fully acted upon. It is so affirmed by respondent No.2, who is present through video conferencing.
7. Keeping in view that the dispute between the parties has been amicably resolved, this Court is inclined to quash the FIR in question, as no useful purpose would be served in continuing with the proceedings arising out of the present FIR.
8. For the reasons afore noted, FIR No.95/2018, registered at police station Nihal Vihar, Delhi and consequent proceedings emanating therefrom against the petitioners, are hereby quashed.
9. The petition is accordingly allowed and disposed of.
10. Pending application also stands disposed of.
Court quashed FIR due to amicable settlement of matrimonial disputes, indicating that continued legal proceedings served no purpose.
The court can quash an FIR under IPC sections concerning matrimonial disputes when parties reach an amicable settlement, rendering further prosecution purposeless.
Proceedings can be quashed when parties amicably resolve disputes post-FIR, emphasizing the significance of mutual settlement in matrimonial cases.
A court can quash an FIR when a matrimonial dispute is amicably settled, demonstrating that continued proceedings are unnecessary.
Amicable settlement in matrimonial disputes can lead to quashing of FIRs under IPC when no useful purpose would be served by ongoing proceedings.
An FIR can be quashed if the parties involved amicably resolve their dispute, confirming compliance with settlement terms, thereby serving no useful purpose in continuing legal proceedings.
Court can quash FIR under IPC when parties amicably settle their disputes, confirming resolution by mutual agreement.
In cases of amicable settlement, courts can quash FIRs to prevent unnecessary legal proceedings, as per the provisions of the Hindu Marriage Act.
An FIR can be quashed if the parties amicably settle their disputes and the complainant no longer wishes to proceed with prosecution.
The central legal point established in the judgment is that the court may quash an FIR and consequent proceedings if the parties have amicably settled their dispute and complied with the terms of the....
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