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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
Important Points
Subject
Criminal Law - Quashing of FIR
Headnote
(B) Consent of parties - Amicable settlement between parties removes grounds for prosecution, allowing for quashing of the FIR. (Paras 7, 8)
| 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) |
JUDGMENT (Oral)
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.
