Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2021 Supreme(Del) 1843

IN THE HIGH COURT OF DELHI AT NEW DELHI
Suresh Kumar Kait, J.
Ramesh Sharma - Appellant
Versus
State NCT Of Delhi & Anr. - Respondents
Criminal Miscellaneous Case No. 1947 of 2020; Criminal Miscellaneous Application No. 13869 of 2020
Decided On : 18-01-2021

Advocates appeared:
Harshit Sethi, Advocate, Izhar Ahmad, Advocate, R. 2 In Person, Advocate

The central legal point established in the judgment is the court's authority to quash an FIR and consequent proceedings when the parties have entered into an amicable settlement and the complainant does not wish to prosecute the matter any further.

Headnote:
Settlement - Quashing of FIR - The court allowed the quashing of the FIR and consequent proceedings as the parties had settled their disputes amicably, and the complainant did not wish to prosecute the matter any further. The petitioner was directed to make a contribution for welfare purposes as a condition for quashing the FIR.
Fact of the Case:

The petitioner sought the quashing of FIR No.213/2020 registered at PS - Shaheen Bagh and all other proceedings arising therefrom, stating that the parties had settled their disputes and the respondent no.2 had no objection if the petition was allowed. The respondent no.2 confirmed the settlement and expressed no wish to prosecute the matter further.
Finding of the Court:

The court found that the parties had entered into an amicable settlement and that no useful purpose would be served in prosecuting the petitioner any further. As a condition for quashing the FIR, the petitioner was directed to make a contribution for welfare purposes.
Issues: The main issue was the quashing of the FIR and consequent proceedings in light of the settlement between the parties.
Ratio Decidendi: The court decided to quash the FIR and consequent proceedings as the parties had settled their disputes and the complainant did not wish to prosecute the matter any further. The petitioner was directed to make a contribution for welfare purposes as a condition for quashing the FIR.
Final Decision: The court allowed the quashing of FIR No.213/2020 dated 09.09.2020, registered at PS - Shaheen Bagh and consequent proceedings emanating therefrom. The petition was allowed and disposed of, and pending applications were also disposed of.

JUDGMENT

Suresh Kumar Kait, J. - Vide the present petition, petitioner seeks direction thereby for quashing of FIR No.213/2020 dated 09.09.2020, registered at PS - Shaheen Bagh and all other proceedings arising therefrom.

2. Notice issued.

3. Notice is accepted by learned APP for State and by respondent no.2 present in person and with the consent of counsel for parties, the present petition is taken up for final disposal.

4. 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.

5. Respondent no.2 is personally present in Court and she has been identified by SI Ravinder Chander/IO and submits that matter has been settled and she does not wish to prosecute the matter any further.

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

7. Learned APP for State has opposed the present petition by stating that the petitioner has cheated respondent no.2 and misappropriated an amount of Rs. 1,20,000/-. Though after the FIR, during mediation the petitioner has paid an amount of Rs.2,50,000/- to the complainant but still the petitioner is alleged to have misled the complainant and cheated her on the assurance that he prayed for resolution of problems and tensions in complainant's house. Moreover, 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 in order to send a message to society at large.

8. Learned counsel for petitioner, on instructions from petitioner, has come forward and agreed to contribute an amount of Rs. 25,000/- for welfare purposes.

9. Accordingly, petitioner is directed to pay this amount in the following manner:-

(a) Rs.15,000/- in favour of Delhi Police Martyrs Fund;

(b) Rs.10,000/- in favour of Nirmal Chhaya Complex, Jail Road, New Delhi for the welfare of destitute women and children.

10. Petitioner is directed to pay this amount within 10 days and receipt of the same shall be furnished to IO concerned.

11. 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.

12. For the reasons afore-recorded, FIR No.213/2020 dated 09.09.2020, registered at PS - Shaheen Bagh and consequent proceedings emanating therefrom are quashed.

13. The petition is, accordingly, allowed and disposed of.

14. Pending applications also stands disposed of.

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