Libertatem Magazine

Delhi High Court Quashes FIR in a Separation Case After Parties Settle Dispute

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In the case of  Vinay Saini & Ors. v. State (Govt.of NCT Delhi) & Anr., Justice Suresh Kumar Kait quashed the FIR as no useful purpose would have been served in prosecuting petitioners any further.


Brief Facts of the Case

Petitioner 1 and Respondent 2 got married on 11th May 2014 as per Hindu rites and rituals. Due to extreme incompatibilities between them, they started living separately from August 2016. They entered into a settlement before the Counselling Cell, Family Courts Saket (South-East), New Delhi vide Settlement dated 27th March 2019 and settled all their disputes amicably.  

The Petitioners handed over a demand draft for an amount of Rs.4 lacs towards the balance amount to the Respondent 2 on date of hearing.


Arguments before the Court

The Complainant submitted that matter has been settled between the petitioner no. 1 and respondent no. 2 and she has received all the payment in terms of the settlement and she does not wish to prosecute the matter any further.


Court’s Decision

The Court observed by taking into account the aforesaid facts that there was no useful purpose served in prosecuting the petitioners any further. So, the Court was inclined to quash the FIR No.0289/2018 dated 01.11.2018, registered at PS – Hauz Khas, Delhi and consequent proceedings emanating therefrom were also quashed.


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