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2021 Supreme(Del) 2018

IN THE HIGH COURT OF DELHI AT NEW DELHI
Suresh Kumar Kait, J.
Bhavkaran Singh Bal - Appellant
Versus
State & Ors - Respondent
Crl M C No. 1177 of 2021
Decided On : 13-04-2021

Advocates appeared:
Vishesh Wadhwa, Advocate, G.M. Farooqui, Advocate

The court has the discretion to quash FIR and consequent proceedings if the parties have settled their disputes and no useful purpose would be served in prosecuting the matter further.

Headnote:

Settlement - Quashing of FIR - The court allowed the petition for quashing of FIR and consequent proceedings as the parties had settled their disputes and no useful purpose would be served in prosecuting the petitioners further.

Fact of the Case:

The petitioner sought direction for quashing of FIR No.125/2015, registered at PS EOW, Delhi and all other proceedings arising therefrom, on the ground that the parties had settled their disputes.

Finding of the Court:

The court found that the parties had entered into an amicable settlement and that no useful purpose would be served in prosecuting the petitioners further. Therefore, the court allowed the petition and quashed 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 considered the amicable settlement between the parties and the fact that no useful purpose would be served in prosecuting the petitioners further as the basis for quashing the FIR and consequent proceedings.

Final Decision: The court allowed the petition and quashed FIR No.125/2015, registered at PS EOW, Delhi and consequent proceedings emanating therefrom.

JUDGMENT

Suresh Kumar Kait, J.

CRL. M.A. 6016/2021

1. Allowed, subject to all just exceptions.

    2. Application is disposed of.

    CRL.M.C.1177/2021 & CRL.M.A.6015/2021

      3. Vide the present petition, petitioner seeks direction thereby for quashing of FIR No.125/2015, registered at PS EOW, Delhi and all other proceedings arising therefrom.

      4. Notice issued.

      5. Notice is accepted by learned APP for State and by respondent Nos.2 and 3 present in person through video conferencing and with the consent of counsel for parties, the present petition is taken up for final disposal.

      6. The present petition is filed on the ground that parties have settled their disputes and respondent Nos.2 and 3 have no objection if the present petition is allowed.

      7. Respondent Nos.2 and 3 are personally present in Court through video conferencing with their counsel and they have been identified by Insp. Arun Tyagi/IO and submits that matter has been settled and they do not wish to prosecute the matter any further.

      8. Petitioner and respondent Nos.2 and 3 have entered into an amicable settlement vide Memorandum of Understanding dated 23.12.2019.

      9. 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.

      10. For the reasons afore-recorded, FIR No.125/2015, registered at PS EOW, Delhi and consequent proceedings emanating therefrom are quashed.

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

      12. Pending application also stands disposed of.

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