Praveen Kumar vs State of GNCT of Delhi

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IN THE HIGH COURT OF DELHI
Suresh Kumar Kait, J.
Praveen Kumar - Appellant
Versus
State of GNCT of Delhi - Respondent
Crl.M.C. 1449 of 2021
Decided On : 06-07-2021

Important Points

Parties can amicably settle disputes, and such settlements justify quashing of FIRs, especially in cases stemming from personal issues.

Subject

Criminal Law - Quashing of FIR

Headnote

(A) Code of Criminal Procedure, 1973 - Section 482 - Quashing of FIR - Petitioners sought direction for quashing of FIR No.92/2017 filed under Section 498A and Section 406 at Police Station Chitranjan Park. - The parties entered into an amicable settlement concerning their disputes. - Respondent submitted that she does not wish to prosecute further, hence prosecution would not serve any useful purpose. (Paras 3, 9, 10)

(B) Criminal Justice - Parties to a dispute can settle their matters amicably, and such settlements can be recognized by the court for quashing FIRs when the allegations are related to personal disputes. (Para 9)

Facts of the case:
Petitioners and the respondent got married on 05.12.2007, subsequently separating due to incompatibilities, and entered into a settlement on 26.04.2019. Respondent was present in court and wished to withdraw the case.

Findings of Court:
The court deemed it appropriate to quash the FIR as no further prosecution would serve a useful purpose.

Issues: Whether the FIR could be quashed given the amicable settlement and the respondent's wishes.

Ratio Decidendi: The court underscored that in cases involving personal disputes where parties have settled, FIRs may be quashed in the interest of justice.

Result: FIR No.92/2017 is quashed.

Table of Content
1. seeking quashing of fir (Para 3)
2. amicable settlement negates prosecution (Para 6 , 7 , 8)
3. quashing fir due to settled relationship (Para 9)
4. court quashes fir based on facts (Para 10)
5. petition allowed and disposed of (Para 11)

JUDGMENT (Oral)

The hearing has been conducted through video conferencing.

Crl. M.A. 9898/2021

1. Allowed, subject to all just exceptions.

2. Application is disposed of.

CRL.M.C.1449/2021

3. Vide the present petition, petitioners seek direction for quashing of FIR No.92/2017 dated 04.09.2017 registered at Police Station Chitranjan Park and consequent proceedings arising therefrom.

4. Notice issued.

5. Notice is accepted by learned APP for State and by counsel for respondent no.2/respondent no.2 present in person 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 05.12.2007 as per Hindu rites and rituals. 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, Saket vide settlement deed dated 26.04.2019 and settled all their disputes amicably.

8. Complainant/respondent no.2 is present in person through video conferencing and has been identified by SI Sanjiv of Police Station Defence Colony 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.92/2017 dated 04.09.2017 registered at Police Station Chitranjan Park and consequent proceedings emanating therefrom are quashed.

11. The petition is, accordingly, allowed and disposed of.