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2004 Supreme(Del) 1156
High Court Of Delhi
BHIM SEN - Appellant
Versus
STATE OF NCTD - Respondent
.
Decided On : 12/09/2004
Akshay Bipin, JAGMINDER DAHIYA, MUKESH KALIA
The court can exercise its powers under Section 482, Cr. P. C. to quash FIRs when disputes between the parties have been amicably resolved, and it is in the interest of the State and the parties to avoid litigation.
Headnote:
Quashing of FIR - Dispute Resolution - The court exercised its powers under Section 482, Cr. P. C. to quash the FIR as the disputes between the parties had been amicably resolved, and it was in the interest of the State and the parties to avoid litigation.
Fact of the Case:
The petition was filed jointly by the complainants and accused to quash FIR No. 412/2002 registered at PS Nangloi under sections 406, 420, 468, 120-B/34, IPC, as the disputes between them had been amicably resolved.
Finding of the Court:
The court found that the disputes between the parties had been amicably resolved and that no useful purpose would be served by continuing with the litigation. It was in the interest of the State and the parties to resolve disputes amicably and avoid litigation.
Issues: The issues revolved around the resolution of disputes between the parties and the quashing of the FIR in light of the amicable resolution.
Ratio Decidendi: The court exercised its powers under Section 482, Cr. P. C. to quash the FIR as the disputes between the parties had been amicably resolved, and it was in the interest of the State and the parties to avoid litigation.
Final Decision: The court quashed FIR No. 412/2002 registered at PS Nangloi under Sections 406, 420, 468, 120-B/34, IPC, and allowed the petition.
( 2 ) CONSIDERING the fact that the disputes between the parties have been amicably resolved and the FIR in question was lodged on account of disputes between them in regard to the title and possession of certain lands, this Court is of the view that no useful purpose would be served if the parties are compelled to continue with the litigation. It is in the interest of State as well as parties that disputes are resolved amicably and litigation is avoided.
( 3 ) UNDER the circumstances, this Court is of the considered view that it is a fit case in which this Court should exercise its powers under Section 482, cr. P. C. and quash the FIR as prayed. Accordingly, FIR No. 412/2002 registered at PS Nangloi under Sections 406, 420, 468, 120-B/34, IPC stands quashed. Copy Dasti to both the parties. Petition allowed.
