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
| 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) |
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.
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.
The court can quash an FIR if parties have amicably settled their dispute, thereby declaring no utility in continuing criminal proceedings.
Amicable settlement in matrimonial disputes can lead to quashing of FIRs under IPC when no useful purpose would be served by ongoing proceedings.
A court can quash an FIR when a matrimonial dispute is amicably settled, demonstrating that continued proceedings are unnecessary.
Court quashed FIR due to amicable settlement of matrimonial disputes, indicating that continued legal proceedings served no purpose.
Proceedings can be quashed when parties amicably resolve disputes post-FIR, emphasizing the significance of mutual settlement in matrimonial cases.
In cases of amicable settlement, courts can quash FIRs to prevent unnecessary legal proceedings, as per the provisions of the Hindu Marriage Act.
The central legal point established in the judgment is that an amicable settlement and dissolution of marriage can be grounds for quashing an FIR under relevant sections of the IPC.
Court quashed FIR based on amicable settlement between parties and no desire to pursue prosecution further.
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