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2021 Supreme(Del) 1832

IN THE HIGH COURT OF DELHI AT NEW DELHI
Suresh Kumar Kait, J.
Suresh Kumar - Appellant
Versus
State (NCT Of Delhi) & Ors. - Respondents
Criminal Miscellaneous Case No. 166 of 2021; Criminal Miscellaneous Appeal No. 838 of 2021
Decided On : 19-01-2021

Advocates appeared:
Pradeep Vijayan, Advocate, Nalin Kaushik, Advocate, G.M. Farooqui, Advocate

The court can quash an FIR and consequent proceedings if the parties have amicably settled their dispute, as evidenced by a Compromise Deed.

Headnote:

Quashing - FIR - The court quashed the FIR and consequent proceedings as the parties had amicably settled their dispute in terms of a Compromise Deed, and the complainant had no objection to bringing the proceedings to an end.

Fact of the Case:

The petitioner sought quashing of FIR No.162/2016 and all other proceedings arising therefrom, stating that the parties had amicably settled their dispute in terms of a Compromise 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 settlement between the parties.

Ratio Decidendi: The court decided to quash the FIR and consequent proceedings based on the amicable resolution of the dispute between the parties.

Final Decision: The court quashed FIR No.162/2016 and all consequent proceedings arising therefrom.

JUDGMENT

Suresh Kumar Kait, J. - Crl. M.A. 838/2021

1. Allowed, subject to all just exceptions.

2. Application is disposed of.

    Crl.M.C.166/2021

    3. Vide the present petition, petitioner is seeking quashing of FIR No.162/2016, registered at police station Ranhola, Delhi and all other proceedings arising therefrom.

    4. Notice issued.

    5. Mr.G.M.Farooqui, learned Additional Public Prosecutor for State accepts notice and submits that respondent No.2 is present in the Court and she has been identified as the complainant of FIR in question by the Investigating Officer of this case, who is also present in the Court.

    6. With the consent of the parties, the present petition is taken up for final disposal.

    7. The present petition has been filed on the ground that the parties have amicably settled their dispute in terms of Compromise Deed dated 11.09.2020.

    8. Respondent No.2, present in the Court submits that the dispute with petitioner has been amicably resolved in terms of Compromise Deed dated 11.09.2020 and he has no objection if the proceedings arising out of FIR in question are brought to an end.

    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 mentioned, FIR No.162/2016, registered at police station Ranhola, Delhi and consequent proceedings emanating therefrom are quashed.

    11. The petition is accordingly disposed of.

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

    Click Here to Read the rest of this document
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