Court quashed FIR upon confirmation of amicable resolution between parties, emphasizing that prosecution is unwarranted when no grievance remains.

Headnote:(A) Code of Criminal Procedure, 1973 - Section 482 - Quashing of FIR - Petitioners seek to quash FIR No. 1092/2015 on grounds that the matrimonial dispute has been amicably settled as per Settlement Agreement dated 26.04.2018 and divorce decree granted on 11.03.2020 - Respondent confirms no grievance against petitioners remains and consents to quashing - Court finds prosecuting petitioners further serves no useful purpose. (Paras 1, 5, 6, 7)

Facts of the case:
The petitioners sought quashing of an FIR registered against them following an amicable settlement of matrimonial disputes that led to a divorce, where both parties confirmed the resolution of issues.

Findings of Court:
The Court found it appropriate to quash the FIR as it would not serve any useful purpose to proceed with the prosecution of the petitioners given the amicable resolution.

Issues: Whether the FIR should be quashed in light of an amicable resolution of the matrimonial dispute.

Ratio Decidendi: The Court holds that where parties have settled their issues amicably and no grievance remains, FIR and subsequent proceedings should be quashed in the interest of justice.

Result: FIR No. 1092/2015 and consequential proceedings are quashed.

Table of Content
1. quashing of fir sought by petitioners. (Para 1 , 2)
2. notice accepted; case taken up for hearing. (Para 3 , 4)
3. matrimonial dispute settled amicably. (Para 5 , 6)
4. no useful purpose in further prosecution. (Para 7)
5. fir quashed; petition allowed. (Para 8 , 9 , 10)

JUDGMENT (Oral)

The hearing has been conducted through video conferencing.

1. Vide this petition, quashing of FIR No. 1092/2015, registered at police station Prashant Vihar, Delhi is sought by petitioners.

2. Notice.

3. Ms. Richa Kapoor, learned Additional Standing Counsel for respondent No.1/State accepts notice and 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 30.11.2010 as per Hindu rites. However, due to different mindsets, temperaments and incompatibilities, they started living separately from 25.06.2015. Further submitted that the matrimonial dispute between petitioner No.1-husband and respondent No.2-wife stands amicably settled before Mediation Centre, Rohini Courts, Delhi in terms of Settlement Agreement dated 26.04.2018 and decree of divorce has been already granted by the Family Court on 11.03.2020.

6. Respondent No.2, present through video conferencing affirms that the matrimonial dispute has been amicably resolved in terms of Settlement Agreement dated 26.04.2018 reached through Mediation Centre, Rohini Courts, Delhi and terms thereof 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. 1092/2015, registered at police station Prashant Vihar, 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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