Back
IN THE HIGH COURT OF DELHI
Suresh Kumar Kait, J.
Kirpal Singh - Appellant
Versus
State - Respondent
Crl.M.C. 1415 of 2020 & Crl.M.A. 5435 of 2020
Decided On : 13-01-2021
| Table of Content |
|---|
| 1. petition for quashing of fir accepted. (Para 1 , 2 , 3) |
| 2. court finds no purpose in ongoing proceedings. (Para 4 , 8) |
| 3. parties resolved the dispute amicably. (Para 5 , 6 , 7) |
| 4. fir quashed as per mutual agreement. (Para 9) |
| 5. petition allowed; order formalized. (Para 10 , 11 , 12) |
The hearing has been conducted through video conferencing.
1. Vide this petition, quashing of FIR No. 206/2010, under Sections 452/323/34 IPC, registered at police station Uttam Nagar, Delhi is sought by petitioners.
2. Notice issued.
3. Mr. Panna Lal Sharma, learned Additional Public Prosecutor for respondent No.1/State accepts notice and submits that respondent No.2 is present through video conference and he has been identified as the complainant of FIR in question by the Investigating Officer of this case, who is also present through video conferencing.
4. With the consent of learned counsel for the parties, the present petition is taken up for final hearing and disposal.
5. Petitioners and respondent No.2/complainant are neighbours. On 23-06-2010 at around 10:45 p.m. an altercation took place between the parties, which culminated into registration of FIR in question by respondent No.2.
6. The present petition has been filed on the ground that with the intervention of common friends and well wishers, the dispute between the parties has been resolved in terms of Settlement Deed dated 23-122019.
7. Respondent No.2 is present through video conferencing and he has affirmed the factum of settlement with petitioners in terms of Settlement Deed dated 23-12-2019 and he also submits that he does not wish to prosecute the matter any further.
8. 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.
9. For the reasons afore-noted, FIR No. 206/2010, under Sections 452/323/34 IPC, registered at police station Uttam Nagar, Delhi and consequent proceedings emanating therefrom are quashed.
10. The petition is, accordingly, allowed and disposed of.
11. Pending application also stands disposed of.
12. The order be uploaded on the website of this Court forthwith.
The court may quash an FIR when the parties have resolved their disputes amicably, negating any purpose for prosecution.
Resolution of disputes outside court can justify quashing FIRs when complainants express no intention to prosecute further.
A court may quash an FIR if the dispute between parties has been amicably resolved, rendering further proceedings unnecessary.
A quashing of FIR is permissible when parties have amicably resolved their dispute, promoting justice and restoring harmony.
The court held that amicable resolution of civil disputes justifies quashing of related criminal proceedings.
The amicable resolution between the parties through a Compromise Deed can be a valid ground for quashing FIR and consequent proceedings.
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.
FIR quashed - Amicable settlement between parties - Petition has been filed on ground that matter has been amicably resolved between parties and complainant does not wish to pursue case against petit....
An amicable settlement between parties is a valid ground to quash an FIR when no useful purpose would be served in pursuing prosecution.
Amicable settlements between parties may warrant the quashing of FIRs when no further prosecution is desired, underscoring the judicial support for resolving disputes outside court.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
