Proceedings can be quashed when parties amicably resolve disputes post-FIR, emphasizing the significance of mutual settlement in matrimonial cases.

Headnote:(A) Indian Penal Code, 1860 - Sections 498A, 406, and 34 - Petitioners sought to quash FIR No. 94/2018 concerning allegations of matrimonial discord following a marriage solemnized on 14.07.2013. The parties amicably settled their dispute via a Memorandum of Understanding dated 09.01.2020, leading to a decree of divorce granted on 04.03.2020. Court determined that continuation of proceedings would serve no useful purpose. (Paras 1, 6, 8, 9)

(B) Principles of amicable settlement - The court recognizes and affirms the effectiveness of settlements reached between parties, particularly in matrimonial disputes, where both parties are in agreement to resolve matters. (Paras 6, 8)

Facts of the case:
The petitioners and respondent were involved in a matrimonial dispute that culminated in the FIR, but resolved their issues amicably before the court, leading to a decree of divorce.

Findings of Court:
The court found in favor of the parties, asserting that since they had amicably settled their dispute, there was no utility in continuing the proceedings arising from the FIR.

Issues: Whether the FIR should be quashed based on the amicable settlement reached by the parties and the granting of a divorce decree.

Ratio Decidendi: The court held that an FIR can be quashed when the parties have amicably resolved their disputes and continuation of proceedings serves no practical purpose, validating the importance of amicable settlements in matrimonial matters.

Result: FIR No. 94/2018 quashed and the petition allowed.

Table of Content
1. details regarding the fir and resolution (Para 1 , 5 , 6 , 7)
2. acceptance of notice for hearing (Para 3 , 4)
3. court's inclination to quash fir (Para 8)
4. quashing of fir based on amicable resolution (Para 9)
5. final disposition of petition (Para 10 , 11)

JUDGMENT (Oral)

The hearing has been conducted through video conferencing.

1. Vide present petition, petitioners are seeking quashing of FIR No. 94/2018, under Sections 498A/406/34 IPC, registered at police station Hauz Khas, New Delhi and all other proceedings arising therefrom.

2. Notice issued.

3. Mr. Izhar Ahmed, learned Additional Public Prosecutor for State accepts notice and submits that respondent No.2 is present through video conferencing and she has been identified as the complainant of FIR by the Investigating Officer of this case, who is also present through video conferencing.

4. With the consent of the parties, the present petition is taken up for final hearing.

5. The marriage between petitioner No.1 and respondent No.2 was solemnized on 14.07.2013 and due to temporal differences, the marriage could not work and they started living separately after 01.10.2016. The dispute between the parties culminated into the FIR in question.

6. The present petition has been filed on the ground that with the intervention of common friends and relatives, the parties have amicably settled their dispute in terms of Memorandum of Understanding dated 09.01.2020. It is stated that joint petitions under Section 13 B (1) and Section 13 B(2) under the Hindu Marriage Act, 1955 have been allowed by the learned Principal Judge, Family Court, Saket Courts, New Delhi and decree of divorce has been granted on 04.03.2020.

7. Respondent No.2, who is the complainant of FIR in question, and is present through video conferencing, affirms the factum of amicable settlement with petitioners in terms of Memorandum of Understanding dated 09.01.2020 as well as grant of decree of divorce dated 04.03.2020 by the learned Principal Judge, Family Court, Saket Courts, New Delhi. She affirms the content of her affidavit dated 08.02.2021 filed in support of this petition.

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. 94/2018, under Sections 498A/406/34 IPC, registered at police station Hauz Khas, New Delhi and consequent proceedings emanating therefrom are quashed.

10. The petition is accordingly allowed and disposed of.

11. Pending application is disposed of as infructuous.

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