The Court allowed a petition under Section 482 CrPC to quash an FIR arising from a matrimonial dispute. Upholding the parties' settlement, the Court held that continuing proceedings would be futile and ordered the quashing of the same.
Quashing of FIR No.591/2016 and all consequential proceedings therefrom.
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MAMTA DHAWAN ..... Petitioner
Through: Mr Rajnish Kumar, Advocate along with petitioner in person.
versus
THE STATE GOVT OF DELHI AND ANR ..... Respondents
Through: Mr Raghvinder Varma, APP for the State with SI Gaurav Yadav, Police Station Nand Nagri, Delhi. Mr Amrendra Kumar Singh, Advocate for R-2 along with R-2 in person.
CORAM: HON'BLE MR. JUSTICE VIKAS MAHAJAN
CRL.M.A. 543/2024
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 13/05/2024 at 12:50:59
have arrived at a settlement, the State has no objection in case the FIR in question is quashed.
This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 13/05/2024 at 12:50:59
(SCC p. 340, para 58)
“58. Where the High Court quashes a criminal proceeding having regard to the fact that the dispute between the offender and the victim has been settled although the offences are not compoundable, it does so as in its opinion, continuation of criminal proceedings will be an exercise in futility and justice in the case demands that the dispute between the parties is put to an end and peace is restored; securing the ends of justice being the ultimate guiding factor.”
VIKAS MAHAJAN, J
JANUARY 9, 2024 MK
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 13/05/2024 at 12:50:59
2 issues framed by the court
Whether the FIR registered in the wake of a matrimonial dispute should be quashed considering a settlement between the parties.
Whether continuation of proceedings would serve any useful purpose given the settled nature of the dispute.
Colour shows how this judgement treated each authority
Gian Singh v. State of PunjabReferred¶24
Gian Singh v. State of Punjab, (2012) 10 SCC 303 · Who else cites this
2 provisions across 2 enactments
Mamta Dhawan
The State Govt of Delhi
Vikas Mahajan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
