Ashok Kumar vs State

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IN THE HIGH COURT OF DELHI
Suresh Kumar Kait, J.
Ashok Kumar - Appellant
Versus
State - Respondent
Crl.M.C. 975 of 2021
Decided On : 15-04-2021

Important Points

Amicable settlements in matrimonial disputes can justify the quashing of FIRs to avoid unnecessary prosecutions and facilitate justice.

Subject

Criminal Law - Quashing of FIR

Headnote

(A) Criminal Procedure Code, 1973 - Section 482 - Quashing of FIR - Petitioners seek quashing of FIR No. 54/2018 based on amicable settlement between the parties - Settlement reached before the Family Courts - Respondent has no objection to the petition - No useful purpose in continuing prosecution. (Paras 3, 6, 10, 11)

(B) Amicable Settlements - Courts can quash FIRs upon a demonstration of amicable resolution of disputes between parties, particularly in matrimonial matters, to serve justice effectively and avoid unnecessary prosecution. (Paras 8, 10)

Facts of the case:
Petitioners filed for the quashing of an FIR following marital discord, having settled disputes through Family Courts, with no objection from the respondent to the quashing. (Paras 4, 9)

Findings of Court:
The Court found that since the disputes were settled amicably and no useful purpose would be served by continuing prosecution, it was appropriate to quash the FIR. (Paras 10, 11)

Issues: The main issue was whether an FIR can be quashed upon the agreement of the parties in light of an amicable settlement. (Paras 3, 10)

Ratio Decidendi: The Court held that in cases of matrimonial disputes where parties have settled amicably, the quashing of FIRs can be justified, facilitating justice and avoiding unnecessary legal proceedings. (Paras 10, 11)

Result: Petition allowed and FIR quashed.

Table of Content
1. settlement of disputes leads to quashing of fir. (Para 3 , 6 , 7 , 8 , 9)
2. no useful purpose in further prosecution. (Para 10)
3. fir quashed based on settlement. (Para 11 , 12)

JUDGMENT (Oral)

The hearing has been conducted through video conferencing.

File has been taken up today as 14th April, 2021 was declared a holiday.

CRL. M.A. 4949/2021

1. Allowed, subject to all just exceptions.

2. Application is disposed of.

CRL.M.C.975/2021

3. Vide the present petition, petitioners seek direction thereby for quashing of FIR No. 54/2018, registered at PS - Crime (Women) Cell, Nanakpura, Delhi and all other proceedings arising therefrom.

4. Notice issued.

5. Notice is accepted by learned APP for State and by respondent no.2 in person through video conferencing and with the consent of counsel for parties, the present petition is taken up for final disposal.

6. The present petition is filed on the ground that parties have settled their disputes and respondent No. 2 has no objection if the present petition is allowed.

7. Petitioner no.1 and respondent no.2 got married on 19.02.2017 as per Hindu rites and rituals. Due to extreme incompatibilities between petitioners and respondent no.2, they started living separately from 29.12.2017.

8. Petitioners and respondent no.2 entered into an amicable settlement before the Counselling Cell, Family Courts, Dwarka Court, New Delhi vide Settlement dated 22.10.2020 and settled all their disputes amicably.

9. Respondent No. 2 is personally present in Court with learned counsel and she has been identified by ASI Balwant Singh/IO and submits that matter has been settled and she does not wish to prosecute the matter any further.

10. 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.

11. For the reasons afore-recorded, FIR No. 54/2018, registered at PS - Crime (Women) Cell, Nanakpura, Delhi and consequent proceedings emanating therefrom are quashed.

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