Varun Sharma vs State (NCT of Delhi)

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IN THE HIGH COURT OF DELHI
Suresh Kumar Kait, J.
Varun Sharma - Appellant
Versus
State (NCT of Delhi) - Respondent
Crl.M.C. 1184 of 2021
Decided On : 13-04-2021

Important Points

Court can quash FIR if parties reach amicable settlement and complainant wishes not to pursue charges, indicating no useful purpose in prosecution.

Subject

Criminal Law - Quashing of FIR

Headnote

(A) Code of Criminal Procedure, 1973 - Section 482 - Quashing of FIR - Petitioners sought quashing of FIR No.38/2020 due to amicable settlement between parties - Court held that prosecution would serve no useful purpose as complainant does not wish to proceed - Quashing allowed. (Paras 3, 9, 10)

(B) Criminal Procedure - The power to quash an FIR lies with the High Court when the matter has been settled amicably between parties involved in the case. (Paras 8, 9)

Facts of the case:
The petitioners, who got married on 24.11.2017, started living separately in April 2018 due to incompatibilities. They entered into a settlement on 31.07.2020 and the complainant stated she does not wish to prosecute further.

Findings of Court:
The court quashed FIR No.38/2020 as no useful purpose would be served by continuing the proceedings against the petitioners.

Issues: Whether the FIR should be quashed given the amicable settlement between parties and the complainant's desire not to pursue the case.

Ratio Decidendi: The court decided that when parties reach an amicable settlement, and the complainant no longer wishes to pursue the case, the FIR can be quashed, as prosecution would not be conducive to justice.

Result: Petition allowed and FIR quashed.

JUDGMENT (Oral)

Crl. M.A. 6054/2021 (exemption)

1. Allowed, subject to all just exceptions.

2. Application is disposed of.

CRL.M.C.1184/2021

3. Vide the present petition, petitioners seek direction for quashing of FIR No.38/2020, registered at Police Station Harsh Vihar, Delhi and consequent proceedings arising therefrom.

4. Notice issued.

5. 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.

6. Petitioner no.1 and respondent no.2 got married on 24.11.2017 as per Hindu rites and rituals. Due to extreme incompatibilities between petitioners and respondent no.2, they started living separately from 17.04.2018.

7. Petitioners and respondent no.2 entered into an amicable settlement vide MoU/Settlement/Compromise Deed dated 31.07.2020 and settled all their disputes amicably.

8. Complainant is present in person and has been identified by SI Vineet Kumar/IO and submits that matter has been settled and she does not wish to prosecute the matter any further.

9. Taking into account the aforesaid facts, this Court is inclined to quash FIR as no useful purpose would be served in prosecuting petitioners any further.

10. For the reasons afore-recorded, FIR No.38/2020, registered at Police Station Harsh Vihar, Delhi and consequent proceedings emanating therefrom are quashed.

11. The petition is, accordingly, allowed and disposed of.