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Wasim Anwar v. State of NCT of Delhi & Anr.

Criminal Appeal · 2018 INSC 175Decided 19 Feb 2018
Criminal Appeal No. 289 of 2018
Justice Kurian Joseph · Justice Mohan M. Shantanagoudar

Background

Wasim Anwar, the husband, challenged a Delhi High Court judgment that had declined to quash FIR No. 258 of 2014 registered against him by his wife, filed under Section 482 of the Code of Criminal Procedure. The couple appeared before the Supreme Court and informed it that their matrimonial disputes, including this FIR and a related one, had been amicably settled through a settlement recorded before the Principal Counsellor of the Family Court, Saket, with the husband paying part of the agreed settlement amount in Court and the remainder to follow once the other case was disposed of.

Decision Breakdown

The Supreme Court held that since the parties had genuinely settled their disputes and were "at peace," there was no reason to continue the criminal proceedings, noting that even a full trial would only end in acquittal given the settlement and the complainant's own submissions before the Court. The settlement was taken on record and made part of the judgment. The appeal was accordingly allowed, the High Court's judgment was set aside, and FIR No. 258 of 2014 was quashed.

Lesson Learnt

The Supreme Court can quash a criminal FIR arising from a matrimonial dispute where the parties have genuinely and voluntarily settled their differences, recognising that continuing a prosecution that would only end in acquittal serves no purpose.

Official source (sci.gov.in)View Judgment (PDF)

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