Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2021 Supreme(Del) 1952

IN THE HIGH COURT OF DELHI AT NEW DELHI
Suresh Kumar Kait, J.
Sabhya Dutta - Appellant
Versus
State & Anr. - Respondents
Criminal Miscellaneous Case No. 183 of 2021
Decided On : 22-01-2021

Advocates appeared:
Prabhjit Jauhar, Advocate, Panna Lal Sharma, Advocate, Respondent In Person, Advocate

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

Headnote:
Settlement - Quashing of FIR - The court allowed the petition for quashing of FIR and consequent proceedings as the parties had settled their disputes and the respondent did not wish to prosecute the matter any further. The petitioner was directed to contribute an amount for welfare purposes, and upon payment, the FIR and consequent proceedings were quashed.
Fact of the Case:

The petitioner sought quashing of FIR No.182/2018, registered at Police Station Inder Puri, Delhi, and consequent proceedings arising therefrom, on the ground that the parties had settled their disputes.
Finding of the Court:

The court allowed the petition for quashing of FIR and consequent proceedings as the parties had settled their disputes and the respondent did not wish to prosecute the matter any further. The petitioner was directed to contribute an amount for welfare purposes, and upon payment, the FIR and consequent proceedings were quashed.
Issues: The main issue was whether the court should quash the FIR and consequent proceedings in light of the settlement between the parties.
Ratio Decidendi: The court considered the settlement between the parties and the respondent's lack of objection to the petition. The court also took into account the petitioner's agreement to contribute an amount for welfare purposes.
Final Decision: The court quashed FIR No.182/2018, registered at Police Station Inder Puri, Delhi, and consequent proceedings emanating therefrom, and allowed the petition.

JUDGMENT

Suresh Kumar Kait, J. - CRL. M.A.940/2021

1. Allowed, subject to all just exceptions.

2. Application is disposed of.

CRL.M.C.183/2021

3. Vide the present petition, petitioner seeks quashing of FIR No.182/2018, registered at Police Station Inder Puri, Delhi, and consequent proceedings arising therefrom.

4. Notice issued.

5. Notice is accepted by learned APP for State and by respondent No.2 present in the Court through video conferencing.

6. With the consent of learned counsel for the parties, the present petition is taken up for final hearing.

7. 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.

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

9. Petitioner and respondent no.2 have entered into an amicable settlement.

10. Learned APP has opposed the present petition and submits that the petitioner was driving vehicle without having valid licence and caused accident as his car collided with that of complainant. Learned APP has further submitted that due to the registration of FIR, government machinery came in motion and a lot of precious public time has been consumed, therefore, if this Court is inclined to quash FIR, heavy cost may be imposed upon petitioner.

11. Learned counsel for petitioner, on instructions from petitioner, who are present in Court, has come forward and agreed to contribute an amount of Rs. 50,000/- for welfare purposes. Accordingly, petitioner is directed to pay this amount in the following manner:-

(a) to pay an amount of Rs. 20,000/- in favour of respondent no.2 in addition to the amount already paid to him;

(b) to pay an amount of Rs. 15,000/- in favour of Middle Income Group Legal Aid Society;

12. Petitioner is directed to pay this amount within two weeks and receipt of the same shall be furnished to IO concerned.

13. 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.

14. For the reasons afore noted, FIR No.182/2018, registered at Police Station Inder Puri, Delhi and consequent proceedings emanating therefrom are quashed.

15. The petition is accordingly allowed and disposed of.

16. The order be uploaded on the website of this Court forthwith.

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