Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2021 Supreme(Del) 2181

IN THE HIGH COURT OF DELHI AT NEW DELHI
Suresh Kumar Kait, J.
Dev Raj Kumar - Appellant
Versus
State & Anr. - Respondents
Crl M C No. 310 of 2021
Decided On : 20-05-2021

Advocates appeared:
Vijender Bhardwaj, Advocate, Vimal Kumar, Advocate, Pratibha, Advocate, Panna Lal Sharma, Advocate

The central legal point established in the judgment is that the court may quash an FIR and consequent proceedings if the parties have settled their disputes and the respondent does not wish to prosecute the matter any further.

Headnote:
Settlement - Quashing of FIR - The court quashed the FIR and consequent proceedings as the parties had settled their disputes and the respondent did not wish to prosecute the matter any further.
Fact of the Case:

The petitioner sought the quashing of FIR No.173/2019, registered at PS Rajinder Nagar, Delhi, on the ground that the parties had settled their disputes and the respondent had no objection to the petition being allowed.
Finding of the Court:

The court found that the parties had entered into an amicable settlement and the respondent did not wish to prosecute the matter any further. As a result, the court was inclined to quash the FIR and consequent proceedings.
Issues: The main issue was whether the court should quash the FIR and consequent proceedings in light of the settlement between the parties.
Ratio Decidendi: The court's decision was influenced by the fact that the parties had settled their disputes and the respondent did not wish to pursue the matter further, leading the court to conclude that no useful purpose would be served in prosecuting the petitioners any further.
Final Decision: The court allowed the petition and quashed FIR No.173/2019, registered at PS Rajinder Nagar, Delhi, and the consequent proceedings.

JUDGMENT

Suresh Kumar Kait, J. - Vide the present petition, petitioner seeks direction thereby for quashing of FIR No.173/2019, registered at PS Rajinder Nagar, Delhi and all other proceedings arising therefrom.

2. The present petition is filed on the ground that parties have settled their disputes and respondent no.2 has no objection if the present petition is allowed.

3. Respondent no.2 is personally present in Court through video conferencing and he has been identified by SI Narian Ojha/IO and submits that matter has been settled and he does not wish to prosecute the matter any further.

4. Petitioner and respondent no.2 have entered into an amicable settlement vide settlement deed dated 20.10.2020.

5. Taking into account the aforesaid facts, this Court is inclined to quash FIR as no useful purpose would be served in prosecuting petitioners any further.

6. For the reasons afore-recorded, FIR No.173/2019, registered at PS Rajinder Nagar, Delhi and consequent proceedings emanating therefrom are quashed.

7. The petition is, accordingly, allowed and disposed of.

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