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IN THE HIGH COURT OF DELHI
Suresh Kumar Kait, J.
Nabi Alam - Appellant
Versus
State - Respondent
Crl.M.C. 1162 of 2021 & Crl.M.A. 5942 of 2021
Decided On : 12-04-2021




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.

Headnote:(A) Code of Criminal Procedure, 1973 - Section 482 - Quashing of FIR - Parties reached an amicable settlement in a marital dispute and compliance confirmed; quashing the FIR serves no useful purpose. (Paras 1-10)

(B) Divorce by mutual consent - The terms of settlement under Muslim law were confirmed by both parties in court. (Para 8)

Facts of the case:
The marriage between the parties was solemnized on 26.02.2005. A complaint was lodged by the respondent on 10.05.2010 leading to the FIR. The parties have settled their dispute as per terms agreed upon during mediation.

Findings of Court:
The court finds that since the dispute is amicably resolved, there is no necessity to continue with the FIR proceedings.

Issues: Whether the FIR should be quashed based on the amicable resolution of the dispute.

Ratio Decidendi: The court ruled that maintaining the FIR would serve no useful purpose as the parties have amicably settled their differences and confirmed the fulfillment of terms.

Result: FIR No.265/20102016 quashed.

Table of Content
1. petitioners seek quashing of fir due to amicable settlement. (Para 1 , 5 , 6 , 7 , 8)
2. notice issued; hearing conducted with parties' presence. (Para 2 , 3 , 4)
3. court quashes fir as dispute resolved. (Para 9)
4. legal endorsement of quashing fir. (Para 10)
5. conclusion; order issued for immediate effect. (Para 11 , 12 , 13)

JUDGMENT (Oral)

The hearing has been conducted through video conferencing.

1. Vide the present petition, petitioners are seeking quashing of FIR No.265/20102016, registered at police station Jamia Nagar, New Delhi and all other proceedings arising therefrom.

2. Notice issued.

3. Mr. Izhar Ahmed, 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.

4. With the consent of the parties, the present petition is taken up for final hearing.

5. The marriage between petitioner No.1 and respondent No.2 was solemnized on 26.02.2005 but due to temporal differences, they could not adjust together. On 10.05.2010, respondent No.2/wife lodged a complaint against the petitioners, which culminated into the FIR in question.

6. The present petition has been filed on the ground that the parties have amicably settled their dispute in terms as spelt out in the order dated 22.02.2020 passed by Mediation Centre, Saket Courts, New Delhi.

7. Learned counsel for the petitioners submits that the terms of settlement have been acted upon and the balance amount of Rs.2,00,000/- has been paid to respondent No.2/complainant. It is submitted that talaqnama was prepared and pronounced on 20.02.2020 itself.

8. Respondent No.2 present through video conferencing affirms the factum of settlement and submits that terms thereof have been fully complied with and divorce as per muslim law has already taken place.

9. 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.

10. For the reasons afore noted, FIR No.265/20102016, registered at police station Jamia Nagar, New Delhi and consequent proceedings emanating therefrom are hereby quashed.

11. The petition is accordingly allowed and disposed of.

12. Pending application also stands disposed of.

13. The order be uploaded on the website of this Court forthwith.

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