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2021 Supreme(Del) 2149
IN THE HIGH COURT OF DELHI AT NEW DELHI
Suresh Kumar Kait, J.
Gaurav Vij & Ors. - Appellants
Versus
State (Govt Of NCT) Delhi & Ors. - Respondents
Crl M C No. 1057 of 2021; Crl M A No. 5416 of 2021, 5417 of 2021
Decided On : 13-05-2021
Madhav Khurana, Advocate, Panna Lal Sharma, Advocate, Nishi, Advocate
The central legal point established in the judgment is that when parties amicably resolve their dispute in terms of a Deed of Settlement, the court may quash the FIR and consequent proceedings if it deems that no useful purpose would be served in prosecuting the petitioners any further.
Headnote:
Quashing - Settlement of Dispute - The court quashed the FIR and consequent proceedings as the parties had amicably resolved their dispute in terms of a Deed of Settlement, and no useful purpose would be served in prosecuting the petitioners any further.
Fact of the Case:
The petition sought quashing of FIR No. 464/2020 for offences under Sections 420/467/471 IPC and consequent proceedings, as the subject matter of the FIR had been amicably resolved between the parties in terms of a Deed of Settlement dated 25.01.2021.
Finding of the Court:
The court, considering the amicable resolution of the dispute, quashed the FIR and consequent proceedings, as no useful purpose would be served in prosecuting the petitioners any further.
Issues: The main issue was whether the FIR and consequent proceedings should be quashed in light of the amicable resolution of the dispute between the parties.
Ratio Decidendi: The court's decision was influenced by the amicable resolution of the dispute between the parties in terms of the Deed of Settlement, leading to the conclusion that no useful purpose would be served in prosecuting the petitioners any further.
Final Decision: The court quashed FIR No. 464/2020 and consequent proceedings, and allowed and disposed of the petition.
JUDGMENT
Suresh Kumar Kait, J. - The present petition has been preferred seeking quashing of FIR No. 464/2020, registered at police station Bharat Nagar, New Delhi for the offences under Sections 420/467/471 IPC and consequent proceedings emanating therefrom.
2. Notice issued.
3. Mr. Panna Lal Sharma, learned Additional Public Prosecutor for respondent No.1/State accepts notice and submits that respondent No.4, who is the complainant of FIR in question, is present through video conferencing and she has been identified by the Investigating Officer of this case, who is also present through video conferencing.
4. Learned counsel appearing for petitioners submits that the subject matter of FIR stands amicably resolved between the parties in terms of Deed of Settlement dated 25.01.2021 and therefore, the proceedings arising out of FIR in question be brought to an end.
5. Respondent No. 4 present through video conferencing affirms the factum of settlement with petitioners in terms of Deed of Settlement dated 25.01.2021 and submits that now no grievance against petitioners survives and so, proceedings arising out of FIR in question be brought to an end. She also affirms the contents of her affidavit dated 25.01.2021 filed in support of this petition.
6. Keeping in mind the fact that the parties have amicably resolved their dispute, this Court is inclined to quash FIR, as no useful purpose would be served in prosecuting petitioners any further.
7. For the reasons afore-recorded FIR No. 464/2020, registered at police station Bharat Nagar, New Delhi and consequent proceedings emanating therefrom are hereby quashed.
8. The petition is, accordingly, allowed and disposed of.
9. Pending applications also stand disposed of.
