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IN THE HIGH COURT OF DELHI
Suresh Kumar Kait, J.
Danny Pal alias Dainy - Appellant
Versus
State - Respondent
Crl.M.C. 930 of 2021
Decided On : 12-05-2021




An FIR can be quashed if the parties amicably settle their disputes and the complainant no longer wishes to proceed with prosecution.

Headnote:(A) Code of Criminal Procedure, 1973 - Section 482 - Quashing of FIR - Petitioners sought quashing of FIR No. 257/2018, claiming amicable settlement - Respondent, through counsel, confirmed no desire to prosecute further; hence, prosecution deemed unnecessary. (Paras 1, 6, 8)

(B) Consent to Settlement - The court noted amicable settlement reached on 27.08.2019, reflecting the parties' mutual agreement to resolve disputes outside court. (Paras 5, 7)

Facts of the case:
Petitioners and respondent were married on 23.04.2016 but faced incompatibilities leading to separation from 25.12.2016. They entered into a settlement before the Family Courts, resolving all disputes amicably.

Findings of Court:
Based on the presented facts and the respondent's willingness not to prosecute, the court found it appropriate to quash the FIR.

Issues: The primary issue was whether the FIR should be quashed in light of the settlement between the parties.

Ratio Decidendi: The court held that no useful purpose would be served in prosecuting the petitioners further due to the amicable settlement.

Result: FIR No. 257/2018 quashed.

Table of Content
1. amicable settlement leads to quashing of fir (Para 1 , 4 , 5 , 6)
2. court's observations on proceedings and prosecution (Para 3 , 7)
3. quashing of fir based on findings (Para 8)
4. final disposition of petition (Para 9)

JUDGMENT (Oral)

The hearing has been conducted through video conferencing.

1. Vide the present petition, petitioners seek direction for quashing of FIR No. 257/2018 dated 25.05.2018 registered at Police Station Bhalaswa Dairy and consequent proceedings arising therefrom.

2. Notice issued.

3. Notice is accepted by learned APP for State and by counsel for respondent no.2. Respondent no.2 is present in person through VC. With the consent of counsel for parties, present petition is taken up for final disposal.

4. Petitioner no.1 and respondent no.2 got married on 23.04.2016 as per Hindu rites and rituals. Due to extreme incompatibilities between petitioners and respondent no.2, they started living separately from 25.12.2016.

5. Petitioners and respondent no.2 with the intervention of their well wishers and relatives entered into an amicable settlement before the Counselling Cell, Family Courts, North District, Rohini Courts, Delhi vide settlement deed dated 27.08.2019 and settled all their disputes amicably.

6. Respondent No.2/complainant is present through video conferencing and has been identified by SI Deepak of Police Station Bhalaswa Dairy and submits that matter has been settled and she does not wish to prosecute the matter any further.

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. 257/2018 dated 25.05.2018 registered at Police Station Bhalaswa Dairy and consequent proceedings emanating therefrom are quashed.

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

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