The court can quash an FIR under IPC sections concerning matrimonial disputes when parties reach an amicable settlement, rendering further prosecution purposeless.

Headnote:(A) Indian Penal Code, 1860 - Sections 498-A, 406, and 34 - Quashing of FIR for offences of cruelty and dishonestly inducing delivery of property due to amicable settlement of matrimonial dispute between petitioner and complainant, resulting in divorce - No useful purpose served by prosecution. (Paras 1, 5, 6, and 8)

(B) Settlement - Court recognizes settlement and resolution of disputes through mediation, allowing quashing of FIR when no further grievance exists. (Paras 6 and 7)

Facts of the case:
The petitioners sought to quash FIR No. 327/2018 under IPC sections mentioned, following an amicable settlement of matrimonial issues, confirmed by the complainant via video conferencing. The marriage was solemnized on 16.09.2015, but they separated on 01.01.2018 and obtained divorce on 28.01.2021 after mediation on 16.01.2020.

Findings of Court:
As the parties reached an amicable settlement, the court found it suitable to quash the FIR as no prosecutable grievance remained.

Issues: Whether the FIR can be quashed due to amicable settlement in a matrimonial dispute and if further prosecution serves any purpose.

Ratio Decidendi: The court concluded that pursuing the FIR would be futile as the matrimonial dispute had been resolved, thereby justifying the quashing of FIR.

Result: FIR No. 327/2018 and consequential proceedings are quashed.

JUDGMENT (Oral)

The hearing has been conducted through video conferencing.

1. Vide this petition, quashing of FIR No. 327/2018, under Sections 498-A/406/34 IPC, registered at police station Tilak Nagar, Delhi is sought by petitioners.

2. Notice.

3. Mr. Amit Chadha, learned Additional Public Prosecutor for respondent No.1/State accepts notice and he submits that respondent No.2 is present through video conferencing and she has been duly identified to be complainant of FIR in question by the Investigating Officer of this case, who is also present through video conferencing.

4. With the consent of both the sides, the present petition has been taken up for final hearing and disposal.

5. Learned counsel for petitioners submits that marriage between petitioner No.1 and respondent no.2 was solemnized on 16.09.2015 as per Hindu rites. However, due to different mindsets, temperaments and incompatibilities, they started living separately from 01.01.2018. Further submitted that the matrimonial dispute between petitioner No.1-husband and respondent No.2-wife stands amicably settled before Mediation Centre, Tis Hazari Courts, Delhi in terms of Settlement dated 16.01.2020 and decree of divorce has been already granted by the Family Court on 28.01.2021.

6. Respondent No.2, present through video conferencing affirms that the matrimonial dispute has been amicably resolved through Mediation Centre, Tis Hazari Courts, Delhi and terms of settlement dated 16.01.2020 have been fully acted upon. Respondent No.2 submits that no grievance against petitioners survives and so, the FIR in question and proceedings emanating therefrom be quashed.

7. 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.

8. For the reasons afore-recorded, FIR No. 327/2018, under Sections 498-A/406/34 IPC, registered at police station Tilak Nagar, Delhi and consequent proceedings emanating therefrom are hereby quashed.

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

10. Pending application is disposed of as infructuous.

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