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IN THE HIGH COURT OF DELHI
Suresh Kumar Kait, J.
Aman Singh - Appellant
Versus
State - Respondent
Crl.M.C. 734 of 2021
Decided On : 24-03-2021




In cases of amicable settlement between parties, and where prosecution serves no useful purpose, FIRs can be quashed according to Section 482 of the Code of Criminal Procedure.

Headnote:(A) Code of Criminal Procedure, 1973 - Section 482 - FIR quashing - Petitioners sought to quash FIR No.451/2017 due to amicable settlement between parties after marriage disputes - The complainant expressed no desire to proceed further with prosecution. (Paras 3, 6, 9, 10)

(B) Quashing of FIR - The court reiterated that if no useful purpose would be served by continuing proceedings, the FIR may be quashed. (Paras 10)

Facts of the case:
Petitioners got married on 29.05.2014 and separated since 2017; an amicable settlement was reached on 28.02.2020, and the complainant does not wish to prosecute further.

Findings of Court:
The court found it appropriate to quash the FIR since the parties resolved their disputes amicably, and prosecution would serve no purpose.

Issues: Whether to quash the FIR based on the amicable settlement reached between parties.

Ratio Decidendi: The court held that in cases where the parties have settled disputes amicably, and the complainant does not wish to proceed, quashing the FIR is justified.

Result: Petition allowed and FIR quashed.

Table of Content
1. order allowing and disposing of the petition. (Para 1 , 2 , 11)
2. seeking direction to quash fir. (Para 3)
3. notice issued and accepted for final disposal. (Para 4 , 5)
4. parties' marriage and settlement. (Para 6 , 7)
5. complainant wishes to withdraw prosecution. (Para 8)
6. court's inclination to quash fir. (Para 9 , 10)

JUDGMENT (Oral)

Crl. M.A. 3660/2021

1. Allowed, subject to all just exceptions.

2. Application is disposed of.

CRL.M.C.734/2021

3. Vide the present petition, petitioners seek direction for quashing of FIR No.451/2017 dated 14.10.2017 registered at Police Station Gandhi Nagar 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 29.05.2014 as per Hindu rites and rituals. Due to extreme incompatibilities between petitioners and respondent no.2, they started living separately since 2017.

7. Petitioner no.1 and respondent no.2 with the intervention of their well wishers and relatives entered into an amicable settlement before the Family Courts, Karkardooma Courts, Delhi vide settlement deed dated 28.02.2020 and settled all their disputes amicably.

8. Complainant/respondent no.2 is present in person and has been identified by SI Veer Pal Singh of Police Station Gandhi Nagar 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 the present FIR as no useful purpose would be served in prosecuting petitioners any further.

10. For the reasons afore-recorded, FIR No.451/2017 dated 14.10.2017 registered at Police Station Gandhi Nagar and consequent proceedings emanating therefrom are quashed.

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

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