Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2021 Supreme(Del) 2052

IN THE HIGH COURT OF DELHI AT NEW DELHI
Suresh Kumar Kait, J.
Umesh Lochab - Appellant
Versus
State (Govt Of NCT Of Delhi) & Anr - Respondent
Crl M C No. 1091 of 2021
Decided On : 07-04-2021

Advocates appeared:
Saurabh Srivastava, Advocate, Izhar Ahmed, Advocate, Rajiv Kumar, Advocate

Settlement of disputes between parties can be a valid ground for quashing FIR and consequent proceedings.

Headnote:
Quashing of FIR - Settlement of Disputes - The court allowed the petition for quashing of FIR based on the settlement of disputes between the parties, as no useful purpose would be served in prosecuting the petitioner any further.
Fact of the Case:

The petitioner sought direction for quashing of FIR and all proceedings arising from it, based on the settlement of disputes between the parties.
Finding of the Court:

The court found that the parties had settled their disputes and entered into an amicable settlement, and the respondent no. 2 did not wish to prosecute the matter any further.
Issues: The main issue was whether the FIR and consequent proceedings should be quashed based on the settlement of disputes between the parties.
Ratio Decidendi: The court considered the settlement between the parties and the lack of objection from the respondent no. 2, and concluded that no useful purpose would be served in prosecuting the petitioner any further.
Final Decision: The court allowed the petition and quashed the FIR and consequent proceedings emanating therefrom.

JUDGMENT

Suresh Kumar Kait, J.

CRL. M.A. 5579/2021

1. Allowed, subject to all just exceptions.

2. Application is disposed of.

CRL.M.C.1091/2021

3. Vide the present petition, petitioner seeks direction thereby for quashing of FIR No. 66/2019 dated 06.06.2019, registered at PS -Barakhamba Road, and all other proceedings arising therefrom.

4. Notice issued.

5. 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.

6. 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.

7. Respondent No. 2 is personally present in Court and she has been identified by SI Muneesh Kumar/IO and submits that matter has been settled and she does not wish to prosecute the matter any further.

8. Petitioner and respondent no.2 with the intervention of their well wishers and relatives entered into an amicable settlement vide compromise deed dated 22.03.2021.

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

10. For the reasons afore-recorded, FIR No. 66/2019 dated 06.06.2019, registered at PS -Barakhamba Road, and consequent proceedings emanating therefrom are quashed.

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

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