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IN THE HIGH COURT OF DELHI AT NEW DELHI
Suresh Kumar Kait, J.
Mohd Usman & Anr. - Appellants
Versus
State & Ors. - Respondents
Crl M C No. 784 of 2021; Crl M A No. 3889 of 2021
Decided On : 08-03-2021
Settlement - Quashing of FIR - The court quashed the FIR and consequent proceedings as the dispute between the parties had been amicably resolved in terms of a settlement deed, and the parties had complied with the terms of the settlement.
Fact of the Case:
The petition sought quashing of FIR No. 441/2020, under Sections 288/304A/34 IPC, registered at police station Vijay Vihar, Delhi, as the dispute between the parties had been amicably resolved in terms of a settlement deed.
Finding of the Court:
The court found that the dispute between the parties had been amicably resolved, and therefore, 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 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 and their compliance with the terms of the settlement.
Final Decision: The court quashed FIR No. 441/2020, under Sections 288/304A/34 IPC, registered at police station Vijay Vihar, Delhi, and the consequent proceedings.
JUDGMENT
Suresh Kumar Kait, J. - Vide this petition, quashing of FIR No. 441/2020, under Sections 288/304A/34 IPC, registered at police station Vijay Vihar, Delhi is sought by petitioners.
2. Notice issued.
3. Mr. Panna Lal Sharma, learned Additional Public Prosecutor for respondent No.1/State accepts notice and submits that on 23.10.2020 during construction of a house property, two persons got injured. One of the injured succumbed to the injuries and the other, sustained simple injuries on his face. Learned Additional Public Prosecutor for State further submits that respondents No.2 and 3 are parents of the deceased and respondent No.4 is the injured of the incident in question and they are present in the Court and have been identified by the Investigating Officer of this case, who is also present in Court.
4. With the consent of learned counsel for the parties, the present petition is taken up for final hearing and disposal.
5. The present petition has been filed on the ground that the dispute between the parties has been amicably resolved in terms of Settlement Deed dated 07.01.2021.
6. Learned counsel for petitioners submits that in terms of aforesaid settlement, petitioners have handed over the balance amount of Rs.3,00,00/- by way of demand draft bearing No. 000145', dated 06.03.2021, drawn on Axis Bank, Branch East Shalimar Bagh, New Delhi to respondent No.3, who is mother of the deceased and she has accepted the same.
7. Learned counsel for petitioner further submits that in terms of the aforesaid settlement, amount of Rs.80,000/- in cash has been handed over to respondent No.4, who has also accepted the same.
8. Respondents No. 2 to 4 present in the Court submit that the terms of settlement have been complied with and no grievance against the petitioners survives and so, the proceedings emanating from FIR in question be brought to an end. They have affirmed the contents of their affidavits filed in support of this petition.
9. Keeping in view that the dispute between the parties has been amicably resolved, this Court is inclined to quash the FIR in question, as no useful purpose would be served in continuing with the proceedings arising out of the present FIR.
10. For the reasons afore-noted, FIR No. 441/2020, under Sections 288/304A/34 IPC, registered at police station Vijay Vihar, Delhi and consequent proceedings emanating therefrom are hereby quashed.
11. The petition is, accordingly, allowed and disposed of.
12. Pending application also stands disposed of.
The court has the discretion to quash FIR and consequent proceedings if the dispute between the parties has been amicably resolved and the terms of the settlement have been complied with.
Amicable resolution of disputes can justify the quashing of FIRs when all parties involved affirm the terms of settlement, rendering further legal proceedings unnecessary.
The central legal point established in the judgment is the court's discretion to quash an FIR based on an amicable settlement between the parties and the promotion of cordiality and harmony in the sa....
Amicable resolution between parties via a Deed of Settlement can justify quashing of FIR and terminating subsequent legal proceedings.
The court can quash an FIR if the parties have amicably resolved the subject matter and no useful purpose would be served in continuing with the proceedings.
The court upheld that FIR quashing is permissible when parties reach an amicable settlement, provided appropriate compensation is addressed.
The central legal point established in the judgment is that the court has the discretion to quash FIR and consequent proceedings if the parties have settled their disputes and no useful purpose would....
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.
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