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IN THE HIGH COURT OF DELHI
Suresh Kumar Kait, J.
Akram @ Mohd. Akram - Appellant
Versus
State NCT of Delhi - Respondent
Crl.M.C. 1445 of 2021
Decided On : 05-07-2021
Important Points
Subject
Criminal Law - Quashing of FIR
Headnote
(B) Settlement - The court recognized that where parties have reconciled and agree not to pursue the prosecution further, it serves no useful purpose to continue legal proceedings. (Paras 8, 10)
Facts of the case:
The petitioners, married since 2012, began living separately due to incompatibilities, and subsequently settled their disputes amicably through a settlement deed in 2020. Complainant expressed a desire not to prosecute.
Findings of Court:
The court determined it appropriate to quash the FIR due to the amicable resolution of the matter.
Issues: The main issue was whether the prosecution should continue despite the parties reconciling and the complainant's wishes to withdraw.
Ratio Decidendi: The court found that amicable settlements between parties can warrant the quashing of FIRs when no utility remains in pursuing charges.
Result: FIR quashed and petition disposed of.
| Table of Content |
|---|
| 1. quashing of fir due to amicable settlement (Para 3 , 6 , 7 , 8) |
| 2. notice and acceptance by parties (Para 4 , 5) |
| 3. court's inclination to quash fir (Para 9) |
| 4. legal basis for quashing proceedings (Para 10) |
| 5. conclusion and disposal of petition (Para 11) |
JUDGMENT (ORAL)
The hearing has been conducted through video conferencing.
Crl. M.A. 9785/2021
1. Allowed, subject to all just exceptions.
2. Application is disposed of.
CRL.M.C.1445/2021
3. Vide the present petition, petitioners seek direction for quashing of FIR No.1065/2016 dated 29.12.2016 registered at Police Station Nand Nagri and consequent proceedings arising therefrom.
4. Notice issued.
5. Notice is accepted by learned APP for State and by counsel for respondent no.2 and with the consent of counsel for parties, present petition is taken up for final disposal.
6. Petitioner no.1 and respondent no.2 got married on 26.02.2012 as per Muslim rites and ceremonies. One female child was born out of the wedlock namely Ayra aged around 5 years. Due to extreme incompatibilities between petitioners and respondent no.2, they started living separately.
7. 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, Shahdara District, Delhi vide settlement deed dated 10.01.2020 and settled all their disputes amicably.
8. Complainant/respondent no.2 is present in person and has been identified by SI Krishan of Police Station Nand Nagri and submits that matter has been settled and she does not wish to prosecute the matter any further.
9. 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.
10. For the reasons afore-recorded, FIR No.1065/2016 dated 29.12.2016 registered at Police Station Nand Nagri and consequent proceedings emanating therefrom are quashed.
11. The petition is, accordingly, allowed and disposed of.
