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IN THE HIGH COURT OF DELHI AT NEW DELHI
Suresh Kumar Kait, J.
Vikrant Mani - Appellant
Versus
State - Respondent
Criminal Miscellaneous Case (Crl M C) No. 664 of 2021; Criminal Miscellaneous Appeal (Crl M A) No. 3238 of 2021
Decided On : 01-03-2021
Quashing of FIR - Settlement between parties - The court quashed the FIR and consequent proceedings as the dispute between the parties had been amicably resolved, and no useful purpose would be served in continuing with the proceedings.
Fact of the Case:
The petitioner sought quashing of FIR No. 199/2019, under Sections 279/338 IPC, registered at police station Vasant Kunj South, New Delhi, on the ground that the dispute between the parties had been resolved with the intervention of common friends and well-wishers.
Finding of the Court:
The court, after noting the settlement between the parties and the affirmation by the complainant that he did not wish to prosecute the matter any further, quashed the FIR and consequent proceedings.
Issues: Quashing of FIR under Sections 279/338 IPC
Ratio Decidendi: The court's decision was influenced by the amicable resolution of the dispute between the parties and the lack of purpose in continuing with the proceedings.
Final Decision: The court allowed the petition and quashed FIR No. 199/2019, under Sections 279/338 IPC, registered at police station Vasant Kunj South, New Delhi, along with the consequent proceedings.
JUDGMENT
Suresh Kumar Kait, J. - The hearing has been conducted through video conferencing.
Vide this petition, quashing of FIR No. 199/2019, under Sections 279/338 IPC, registered at police station Vasant Kunj South, New Delhi is sought by petitioner.
2. Notice issued.
3. Mr. Panna Lal Sharma, learned Additional Public Prosecutor for respondent No.1/State accepts notice and submits that respondent No.2 is present through video conferencing and he has been identified as the complainant of FIR in question by the Investigating Officer of this case, who is also present through video conferencing.
4. With the consent of both the sides, the present petition is taken up for final hearing and disposal.
5. The present petition has been filed on the ground that with the intervention of common friends and well wishers, the dispute between the parties has been resolved.
6. Respondent No.2 is present through video conferencing and he has affirmed the factum of settlement with petitioner and he also submits that he does not wish to prosecute the matter any further.
7. 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.
8. For the reasons afore-noted, FIR No. 199/2019, under Sections 279/338 IPC, registered at police station Vasant Kunj South, New Delhi and consequent proceedings emanating therefrom are hereby quashed.
9. The petition is, accordingly, allowed and disposed of.
10. Pending application also stands disposed of.
11. The order be uploaded on the website of this Court forthwith.
The court can quash an FIR and consequent proceedings if the dispute between the parties has been amicably resolved and continuing with the proceedings would serve no useful purpose.
Resolution of disputes outside court can justify quashing FIRs when complainants express no intention to prosecute further.
The amicable resolution between the parties through a Compromise Deed can be a valid ground for quashing FIR and consequent proceedings.
The court may quash an FIR when the parties have resolved their disputes amicably, negating any purpose for prosecution.
Amicable resolution between parties via Memorandum of Understanding justifies quashing of FIR under IPC, as further prosecution serves no purpose.
The central legal point established in the judgment is that the court may quash an FIR and consequent proceedings if the parties have settled their disputes and the respondent does not wish to prosec....
The central legal point established in the judgment is that the court may quash an FIR and consequent proceedings if the parties have amicably settled their dispute and complied with the terms of the....
FIR quashed - Amicable settlement between parties - Petition has been filed on ground that matter has been amicably resolved between parties and complainant does not wish to pursue case against petit....
The court may quash an FIR when the matter has been amicably settled between the parties, and prosecution would not serve any useful purpose.
Amicable settlements between parties can warrant quashing an FIR, prioritizing judicial efficiency when no further prosecution is deemed necessary.
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