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IN THE HIGH COURT OF DELHI
Suresh Kumar Kait, J.
Tushar Grover - Appellant
Versus
State - Respondent
Crl.M.C. 1033 of 2021 & Crl.M.A. 5255 of 2021
Decided On : 31-05-2021




A matrimonial dispute resolved through a compromise deed justifies quashing the related FIR when the complainant expresses no remaining grievance.

Headnote:(A) Indian Penal Code, 1860 - Section 324 - Quashing of FIR - Matrimonial dispute between husband and wife amicably settled via Memorandum of Understanding-cum-Compromise Deed dated 27.02.2021 - Respondent-wife affirms her willingness to withdraw cases against husband - No grievance remaining warrants quashing of FIR. (Paras 1, 4, 5, 6, 7)

Facts of the case:
The petitioner-husband sought to quash FIR No. 96/2020 under Section 324 IPC, citing an amicable settlement with the respondent-wife as per the Memorandum of Understanding dated 27.02.2021, leading to their happy reconciliation.

Findings of Court:
The court found that proceeding with the FIR would not serve any useful purpose as the complainant-wife expressively wished to withdraw her grievance.

Issues: The main issue addressed was whether the amicable resolution of the matrimonial dispute justifies quashing the FIR and related proceedings.

Ratio Decidendi: The court held that given the absence of grievance from the complainant who is now happily living with the petitioner, the FIR and related proceedings could be quashed, emphasizing the importance of maintaining family harmony in disputes of this nature.

Result: FIR No. 96/2020 under Section 324 IPC and proceedings emanating therefrom are quashed.

JUDGMENT (Oral)

The hearing has been conducted through video conferencing.

1. Quashing of FIR No. 96/2020, under Section 324 IPC, registered at police station Shahdara, Delhi is sought on the ground that the matrimonial dispute between petitioner-husband and respondent No.2wife, stands amicably settled in terms of Memorandum of Understanding-cum-Compromise Deed dated 27.02.2021.

2. Notice issued.

3. Mr. Panna Lal Sharma, 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 identified to be the complainant of FIR question by the Investigating Officer of this case, who is also present through video conferencing.

4. Learned counsel for petitioner submits that with the intervention of well-wishers and family members, parties have resolved their dispute in terms of Memorandum of Understanding-cum-Compromise Deed dated 27.02.2021 and they are happily living together. Further submitted that in terms of aforesaid Memorandum of Understanding, the complainant-wife has agreed to withdraw the pending cases against petitioner-husband and to enable the parties to lead a happy married life, the present petition be allowed.

5. Respondent No.2, present through video conferencing, affirms the contents of aforesaid Memorandum of Understanding-cum-Compromise Deed dated 27.02.2021 as well as her affidavit dated 27.02.2021 filed in support of this petition. She submits that the dispute with petitioner has been amicably resolved and she is happily and peacefully living with petitioner-husband and therefore, the FIR in question and proceedings emanating therefrom be quashed.

6. In view of the fact that respondent No.2, who is the complainant of FIR in question, is happily living with petitioner/husband and she submits that no grievance against petitioner survives, no useful purpose would be served in continuing with the proceedings arising out of FIR in question.

7. Accordingly, FIR No. 96/2020, under Section 324 IPC, registered at police station Shahdara, Delhi and proceedings emanating therefrom are hereby quashed.

8. The petition is accordingly allowed and disposed of.

9. Pending application is disposed of as infructuous.

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