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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




The court can quash an FIR if parties have amicably settled their dispute, thereby declaring no utility in continuing criminal proceedings.

Headnote:(A) Code of Criminal Procedure, 1973 - Section 482 - Quashing of FIR - Petitioners sought the quashing of FIR No.95/2018 regarding a matrimonial dispute - The marriage was solemnized on 11.12.2014 and dissolved by mutual consent on 07.11.2019 - Settlement reached through Counseling Cell affirmed by both parties - FIR quashed as no purpose served in continuation. (Paras 1-8)

Facts of the case:
The petitioners filed for quashing an FIR registered due to matrimonial discord arising from a marriage that ended in mutual consent divorce. This amicable resolution was affirmed by the respondent who attended via video conferencing.

Findings of Court:
The court found no continuing issues warranting the proceedings and therefore quashed the FIR.

Issues: The principal issue was whether to quash the FIR given the amicable resolution of the matrimonial dispute.

Ratio Decidendi: The court determined that the amicable settlement between the parties justified the quashing of the FIR, emphasizing that continuation of proceedings would serve no useful purpose.

Result: FIR No.95/2018 quashed.

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)

JUDGMENT (Oral)

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.

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