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IN THE HIGH COURT OF DELHI
Suresh Kumar Kait, J.
Deepak Yadav - Appellant
Versus
State NCT of Delhi - Respondent
Crl.M.C. 1012 of 2021 & Crl.M.A. 5144 of 2021
Decided On : 25-03-2021
Important Points
Subject
Criminal Law - Quashing of FIR
Headnote
(B) Amicable Settlement - The court recognizes that disputes arising from matrimonial issues can be amicably settled, leading to the dismissal of the proceedings. (Paras 6, 7, 9)
Facts of the case:
The marriage between the petitioner-husband and respondent-wife was solemnized on June 10, 2017, after which the couple began living separately on November 16, 2018, due to disputes that culminated in the FIR. The parties have since resolved their differences amicably and have been living together peacefully for the past year.
Findings of Court:
The court noted that since the dispute has been amicably resolved and the complainant no longer has any grievances against the petitioners, there is no purpose in continuing the FIR against them.
Issues: The main issue addressed by the court is whether an FIR based on matrimonial disputes can be quashed when both parties have amicably settled their differences.
Ratio Decidendi: The court found that in cases of matrimonial disputes, if the parties come to an amicable resolution and the complainant expresses no grievance, the court may quash the FIR to prevent any unnecessary continuation of proceedings.
Result: FIR No. 567/2019 and all connected proceedings are quashed.
| Table of Content |
|---|
| 1. dispute settled between parties. (Para 1 , 5 , 6) |
| 2. consent and presence of complainant in court. (Para 3 , 4 , 7) |
| 3. court quashes fir based on resolution. (Para 8 , 9) |
| 4. final disposal of petition. (Para 10) |
JUDGMENT (Oral)
1. Vide present petition, quashing of FIR No.567/2019, under Sections 498A/406/34 IPC, registered at police station Sagarpur, Delhi and all other proceedings arising there-from is sought by petitioners
2. Notice issued.
3. Mr. Izhar Ahmed, learned Additional Public Prosecutor for State accepts notice and submits that respondent No.2 is present in the Court and she has been identified as the complainant of FIR in question by the Investigating Officer of this case, who is also present in the Court.
4. With the consent of the parties, the present petition is taken up for final hearing and disposal.
5. The marriage of petitioner-husband and respondent No.2-wife was solemnized on 10.06.2017 and due to temporal differences, they started living separately since 16.11.2018. The dispute between the parties culminated into the FIR in question.
6. The present petition has been filed on the ground that the parties have amicably settled their dispute and they are happily and peacefully living together for last one year.
7. Respondent No.2, present in the Court, submits that she has no grievance against the petitioners and to enable her to restore cordial relations with her husband and in-laws, proceedings arising out of FIR in question be brought to an end.
8. 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.
9. For the reasons afore noted, FIR No.567/2019, under Sections 498A/406/34 IPC, registered at police station Sagarpur, Delhi and consequent proceedings emanating therefrom are hereby quashed.
10. The petition and pending application are accordingly allowed and disposed of.
