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2021 Supreme(Del) 1807
IN THE HIGH COURT OF DELHI AT NEW DELHI
Suresh Kumar Kait, J.
Jahid & Ors. - Appellants
Versus
State ( Govt NCT Of Delhi) - Respondent
Criminal Miscellaneous Case No. 318 of 2021; Criminal Miscellaneous Appeal No. 1619 of 2021
Decided On : 03-02-2021
Important Points
Subject
Criminal Law - Quashing of FIR
Act Referred
Headnote
Quashing - Compromise Deed - The court quashed the FIR and consequent proceedings as the dispute between the parties had been amicably resolved through a Compromise Deed, and continuing with the proceedings would serve no useful purpose.
Fact of the Case:
The petition sought quashing of FIR No. 160/2013, under various sections of IPC, as the dispute between the parties had been resolved through a Compromise Deed.
Finding of the Court:
The court, after considering the settlement between the parties and their unwillingness to prosecute the matter further, quashed the FIR and consequent proceedings, as no useful purpose would be served in continuing with the proceedings.
Issues: Quashing of FIR and consequent proceedings in light of the amicable resolution between the parties through a Compromise Deed.
Ratio Decidendi: The court's decision was influenced by the amicable resolution between the parties through a Compromise Deed, which rendered the continuation of the proceedings unnecessary.
Final Decision: The court allowed and disposed of the petition, quashing the FIR and consequent proceedings.
Arpit Bhalla, Advocate, Panna Lal Sharma, Advocate, Respondent In Person, Advocate
JUDGMENT
Suresh Kumar Kait, J. - The hearing has been conducted through video conferencing.
1. Vide this petition, quashing of FIR No. 160/2013, under Sections 323/341/427/435/308/506/34 IPC, registered at police station Pandav Nagar, 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 respondents No.2,3 and 5 to 7 are present through video conference and they have been identified by the Investigating Officer of this case, who is also present through video conferencing. Learned Additional Public Prosecutor for State further submits that respondent No.4-Neeraj is not present as he is in judicial custody is some other case registered at police station Pandav Nagar, Delhi.
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 with the intervention of common friends and well wishers, the dispute between the parties has been resolved in terms of Compromise Deed dated 17.10.2020.
6. Respondents No. 2, 3 and 5 to 7 are present through video conferencing and have affirmed the factum of settlement with petitioners in terms of Compromise Deed dated 17.10.2020 and they submit that they do not wish to prosecute the matter any further. This petition is accompanied by affidavits of respondents No. 2,3 and 5 to 7 as well as respondent No.4- Neeraj (attested by Jail Superintendent).
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. 160/2013, under Sections 323/341/427/435/308/506/34 IPC, registered at police station Pandav Nagar, Delhi and consequent proceedings emanating therefrom are 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.
