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DELHI HIGH COURT
SURESH KUMAR KAIT
Akram @ Mohd. Akram – Appellant
Versus
State NCT of Delhi – Respondent
| 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) |
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 interventio
The High Court can quash an FIR when parties reach an amicable settlement and the complainant wishes to withdraw the prosecution, serving no useful purpose to continue legal proceedings.
The main legal point established in the judgment is that in cases of family disputes where parties have reached an amicable settlement and the complainant is unwilling to prosecute the matter further....
A court can quash an FIR if the parties have reached an amicable settlement and the complainant no longer wishes to prosecute the matter, indicating no useful purpose in continuing proceedings.
Quashing of FIR is justified when parties settle amicably and the complainant chooses not to pursue the prosecution, emphasizing the importance of the complainant's consent in criminal proceedings.
Amicable settlement between parties can justify quashing of FIR, especially when the complainant does not wish to proceed with prosecution.
An FIR can be quashed when the parties reach an amicable settlement and express no intent to prosecute further, as it serves no useful purpose to continue legal proceedings.
The court held that amicable settlements in matrimonial disputes justify quashing of FIRs, as continuing prosecution serves no purpose when parties wish to resolve their differences peacefully.
Parties can amicably settle disputes, and such settlements justify quashing of FIRs, especially in cases stemming from personal issues.
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 can quash an FIR when the parties settle the dispute amicably and the complainant does not wish to pursue the case.
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