Parth Yadav vs State

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IN THE HIGH COURT OF DELHI
Suresh Kumar Kait, J.
Parth Yadav - Appellant
Versus
State - Respondent
Crl.M.C. 77 of 2021
Decided On : 12-01-2021

Important Points

The court may quash an FIR when the parties have settled the dispute amicably and the victim expresses no desire to proceed with prosecution, as continuing would serve no useful purpose.

Subject

Criminal Law - Quashing of FIR

Headnote

(A) Code of Criminal Procedure, 1973 - Section 482 - Quashing of FIR - Petitioners sought to quash FIR No.392/2018 based on amicable settlement between parties, wherein respondent did not wish to prosecute further - Court emphasized that no useful purpose would be served in continuing prosecution once a settlement was reached. (Paras 3, 6, 9, 10)

(B) FIR - Parameters for quashing - The court held that if a matter is amicably settled and the victim does not wish to proceed with the prosecution, FIR may be quashed to prevent unnecessary legal proceedings. (Paras 3, 10)

Facts of the case:
The petitioners filed for quashing the FIR based on a settlement deed executed between them and the respondent, who expressed no desire to pursue the charges. The respondent was present in court confirming the settlement.

Findings of Court:
The FIR and all subsequent proceedings were quashed, as allowing prosecution was deemed unnecessary after settlement.

Issues: Whether an FIR can be quashed in light of an amicable settlement between the parties and subsequent withdrawal of support for prosecution by the victim?

Ratio Decidendi: The court favored quashing the FIR on the basis that further prosecution would not serve any purpose after a mutual settlement, emphasizing the significance of victim's consent in the prosecution process.

Result: Petition allowed and FIR quashed.

Table of Content
1. settlement of disputes between parties. (Para 3 , 6 , 8)
2. respondent's non-objection to quashing fir. (Para 7)
3. court's rationale for quashing fir. (Para 9 , 10)
4. conclusion: fir quashed and petition allowed. (Para 11 , 12)

JUDGMENT (Oral)

The hearing has been conducted through video conferencing.

CRL. M.A. 360/2021

1. Allowed, subject to all just exceptions.

2. Application is disposed of.

CRL.M.C.77/2021

3. Vide the present petition, petitioners seek direction thereby for quashing of FIR No.392/2018 dated 07.11.2018, registered at PS - Dwarka North, Delhi and all other proceedings arising therefrom.

4. Notice issued.

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

6. 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.

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

8. Petitioners and respondent no.2 have entered into an amicable settlement vide settlement deed dated 04.11.2020.

9. Taking into account the aforesaid facts, this Court is inclined to quash FIR as no useful purpose would be served in prosecuting petitioners any further.

10. For the reasons afore-recorded, FIR No.392/2018 dated 07.11.2018, registered at PS - Dwarka North, Delhi and consequent proceedings emanating therefrom are quashed.

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

12. The order be uploaded on the website forthwith.