Del HC | Continuity of proceedings in case where FIR is off-shoot of matrimonial discord is exercise in futility

Delhi High Court: Sunil Gaur, J., allowed a petition filed by a husband seeking quashing of an FIR registered for the commission of offences punishable under Sections 498-A, 406 and 34 IPC.

Quashment was sought on the basis of Mediated Settlement dated 12-5-2017 reached between the parties. The wife, who was present and identified before the Court, submitted that the dispute between the parties had been amicably resolved vide the Mediated Settlement. She supported the present petition.

The husband and other petitioners were represented by Meenakshi Mohan and Kunal. Advocates. Izhar Ahmad appeared as Additional Public Prosecutor, while Harish Kumar Lodhi, Advocate appeared for the wife.

The High Court relied on Parbatbhai Aahir v. State of Gujarat, (2017) 9 SCC 641 wherein the Supreme Court reiterated the parameters for exercising the inherent jurisdiction under Section 482 CrPC for quashing the FIR/Criminal Complaint. After extensively quoting from Parbatbhai, the High Court observed, “since the subject matter of this FIR is offshoot of matrimonial discord, which now stands mutually and amicably settled between parties, therefore, continuance of proceedings arising out of the FIR in question would be an exercise in futility.” Accordingly, the FIR and all proceedings emanating therefrom were directed to be quashed subject to costs of Rs 10,000 to deposited by petitioners with the Prime Minister’s  National Relief Fund. [Mukesh Rajput v. State (NCT of Delhi), 2019 SCC OnLine Del 7087, decided on 08-02-2019]

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