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IN THE HIGH COURT OF DELHI AT NEW DELHI
Suresh Kumar Kait, J.
Ved Bhushan Bhatia - Appellant
Versus
State & Anr. - Respondents
Criminal Miscellaneous Case No. 68 of 2020
Decided On : 19-01-2021
Settlement Deed - Quashing of FIR - The court allowed the application to place on record the Settlement Deed and quashed the FIR based on the amicable resolution between the parties.
Fact of the Case:
The respondent sought to place on record a Settlement Deed and prayed for the quashing of the FIR, which was allowed by the court. The FIR pertained to Sections 279 & 337 IPC.
Finding of the Court:
The court found that the parties had amicably resolved the subject matter of the petition in terms of the Settlement Deed dated 13.01.2021. The complainant affirmed that the terms of the Settlement Deed had been acted upon and had no objection to ending the proceedings arising from the FIR.
Issues: The main issue was the quashing of the FIR based on the amicable resolution between the parties.
Ratio Decidendi: The court decided to quash the FIR as no useful purpose would be served in continuing with the proceedings arising from the FIR, considering the amicable resolution between the parties.
Final Decision: The court allowed the petition and quashed FIR No.29/2017, along with the consequent proceedings emanating from it.
JUDGMENT
Suresh Kumar Kait, J. - Crl.M.A. 810/2021
1. By the present application, respondent No.2/ complainant is seeking to place on record Settlement Deed executed on 13.01.2021 with petitioners and is praying for quashing of FIR, which is subject matter of main petition.
2. Notice.
3. Mr. Tarun Sharma, learned counsel representing petitioner and Mr.G.M.Farooqui, learned Additional Public Prosecutor for State, accept notice.
4. For the reasons stated in the application, it is allowed and in view of copy of Settlement Deed dated 13.01.2021 placed on record, the main petition is set down for hearing. The date of 09.05.2021 fixed in the petition is accordingly recalled.
5. The application is accordingly disposed of.
CRL.M.C. 68/2020
6. The subject matter of this petition pertains to FIR No.29/2017, under Sections 279 & 337 IPC, registered at police station Maurya Enclave, North West District, Delhi.
7. Mr. G.M.Farooqui, learned Additional Public Prosecutor for State submits that respondent No.2 is present in the Court and he has been identified as the complainant of FIR in question by the Investigating Officer of this case, who is also present in the Court.
8. With the consent of the parties, the present petition is taken up for final hearing.
9. Learned counsel for the parties submit that parties have amicably resolved the subject matter of this petition in terms of Settlement Deed dated 13.01.2021.
10. Learned counsel for respondent No.2/complainant on instructions affirms that the terms of Settlement Deed dated 13.01.2021 have already been acted upon and respondent No.2 has no objection if the proceedings arising out of FIR in question are brought to an end.
11. 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.
12. For the reasons afore noted, FIR No.29/2017, registered at police station Maurya Enclave, North West District, Delhi and consequent proceedings emanating therefrom are quashed.
13. The petition is accordingly allowed and disposed of.
14. The order be uploaded on the website of this Court forthwith.
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.
An FIR can be quashed based on an amicable resolution between parties, provided the complainant indicates no objection to terminating proceedings.
An FIR can be quashed if parties have amicably settled their disputes and the complainant does not wish to pursue prosecution further.
The court can quash an FIR and consequent proceedings if the parties have amicably settled their dispute, as evidenced by a Compromise Deed.
Amicable settlements between parties can lead to quashing of FIRs under Section 482, emphasizing discontinuation of proceedings when no useful purpose is served.
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.
Amicable resolution of a dispute between parties, affirmed by the complainant, can lead to the quashing of an FIR under Section 482 of the Code of Criminal Procedure.
Amicable settlements between parties can justify the quashing of an FIR when prosecution serves no useful purpose.
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.
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....
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