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IN THE HIGH COURT OF DELHI
Suresh Kumar Kait, J.
Ibrahim Khan - Appellant
Versus
Govt. of NCT of Delhi - Respondent
W.P. (Crl.) 250 of 2021
Decided On : 21-05-2021
| Table of Content |
|---|
| 1. grounds for quashing fir. (Para 1 , 2) |
| 2. marriage and amicable settlement details. (Para 3 , 4) |
| 3. respondent's presence and consent. (Para 5) |
| 4. court's inclination to quash fir. (Para 6) |
| 5. final order granting relief. (Para 7 , 8) |
The hearing has been conducted through video conferencing.
1. Vide the present writ petition, petitioners seek direction thereby for quashing of FIR No. 637/2019, registered at PS - Jafrabad, Delhi and all other proceedings arising therefrom.
2. The present writ petition is filed on the ground that parties have settled their disputes and respondent no.2 has no objection if the present petition is allowed.
3. Petitioner no.1 and respondent no.2 got married on 28.02.2019 as per Muslim rites and customs. Due to extreme incompatibilities between petitioners and respondent no.2, they started living separately after June 2019.
4. Petitioner no.1 and respondent no.2 with the intervention of their well wishers and relatives entered into an amicable settlement vide Divorce (Talaq)-cum-Settlement Deed dated 22.11.2020 and settled all their disputes amicably.
5. Respondent no. 2 is personally present in Court with her learned counsel and she has been identified by ASI Naresh/IO and submits that matter has been settled and she does not wish to prosecute the matter any further.
6. 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.
7. For the reasons afore-recorded, FIR No. 637/2019, registered at PS - Jafrabad, Delhi and consequent proceedings emanating therefrom are quashed.
8. The petition is, accordingly, allowed and disposed of.
The court may quash an FIR when the parties have reached an amicable settlement and there is no objection from the complainant regarding prosecution.
Quash of FIR - Settlement/Compromise between parties - No useful purpose would serve in prosecuting petitioners any further.
An FIR can be quashed when parties have settled their disputes amicably and there is no intention to prosecute, reflecting the principle of serving justice without unnecessary legal proceedings.
The court can quash an FIR when the parties involved have settled the dispute amicably and no further prosecution is desired, ensuring judicial resources are not wasted.
The court affirmed that an amicable settlement between parties can justify the quashing of an FIR, especially when the complainant does not wish to pursue the case.
The court can quash FIR and consequent proceedings in a matrimonial dispute if the parties have entered into an amicable settlement and the complainant is unwilling to prosecute the matter further.
A settled dispute between parties, coupled with the complainant's wish not to pursue charges, justifies quashing of the FIR to serve no public interest.
An FIR can be quashed if the parties amicably settle their disputes and the complainant no longer wishes to proceed with prosecution.
Court quashed FIR based on amicable settlement between parties and no desire to pursue prosecution further.
Amicable settlements between parties can lead to quashing of FIRs in criminal matters when continuation of prosecution serves no useful purpose.
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