Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2021 Supreme(Del) 2051

IN THE HIGH COURT OF DELHI AT NEW DELHI
Suresh Kumar Kait, J.
Madan Prasad And Ors - Appellant
Versus
State (NCT Of Delhi) And Anr - Respondent
Crl M C No. 799 of 2021; Crl M A No. 3963 of 2021, 3964 of 2021
Decided On : 07-04-2021

Advocates appeared:
Shivam Bajaj, Advocate, Panna Lal Sharma, Advocate, Megha Bahl, Advocate

The court can quash an FIR and consequent proceedings if the parties have settled their disputes and the respondent does not wish to prosecute the matter further.

Headnote:
Quashing of FIR - Settlement of Disputes - 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 petitioners sought direction for quashing of FIR No. 374/2020, stating that the parties had settled their disputes and the respondent had no objection if the petition was 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. Considering these facts, the court was inclined to quash the FIR and consequent proceedings.
Issues: The main issue was the settlement of disputes between the parties and the respondent's objection to further prosecution.
Ratio Decidendi: The court's decision was influenced by the amicable settlement between the parties and the respondent's lack of objection to quashing the FIR.
Final Decision: The court allowed the petition and quashed FIR No. 374/2020 and the consequent proceedings.

JUDGMENT

Suresh Kumar Kait, J. - Vide the present petition, petitioners seek direction thereby for quashing of FIR No. 374/2020 dated 03.05.2020, registered at PS -Najafgarh, and all other proceedings arising therefrom.

2. Notice issued.

3. Notice is accepted by learned APP for State and by counsel for respondent no.2 and with the consent of counsel for parties, the present petition is taken up for final disposal.

4. 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.

5. Respondent No. 2 is personally present through VC and she has been identified by SI Tej Ram/IO and submits that matter has been settled and she does not wish to prosecute the matter any further.

6. Petitioners and respondent no.2 with the intervention of their well wishers and relatives entered into an amicable settlement vide compromise deed dated 03.10.2020.

7. 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.

8. For the reasons afore-recorded, FIR No. 374/2020 dated 03.05.2020, registered at PS -Najafgarh, and consequent proceedings emanating therefrom are quashed.

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

10. Pending applications also stand disposed of.

Click Here to Read the rest of this document