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IN THE HIGH COURT OF DELHI
Suresh Kumar Kait, J.
Jamshed Ali - Appellant
Versus
State of NCT of Delhi - Respondent
Crl.M.C. 124 of 2021
Decided On : 15-01-2021




Parties may quash an FIR when they reach an amicable settlement and the aggrieved party does not wish to pursue prosecution, promoting judicial efficiency.

Headnote:(A) Criminal Procedure Code, 1973 - Section 482 - FIR quashed based on amicable settlement between parties - The petitioners sought to quash FIR No. 390/2017 due to settlement with the respondent, who expressed no objection to the petition being allowed - The court deemed that no useful purpose would be served in prosecuting the case further. (Paras 3, 6, 10)

(B) Amicable Settlement - Validity - Parties are allowed to settle their disputes, and when both parties agree to not pursue the matter, the court can quash the FIR to prevent unnecessary prosecution. (Paras 9, 10)

Facts of the case:
The petitioners sought quashing of FIR No. 390/2017 based on an amicable settlement reached with the respondent, who confirmed in court that she did not wish to proceed further with charges against the petitioners.

Findings of Court:
The court found that prosecution served no useful purpose in light of the amicable resolution and accordingly quashed the FIR and related proceedings.

Issues: The main issue addressed by the court was whether the amicable settlement between the parties warranted the quashing of the FIR and subsequent proceedings.

Ratio Decidendi: The court held that in cases where parties reach a mutual settlement, and the aggrieved party does not wish to pursue prosecution, the FIR may be quashed to prevent unnecessary judicial proceedings.

Result: FIR No. 390/2017 and all consequential proceedings are quashed.

Table of Content
1. settlement of disputes permits quashing of fir. (Para 3 , 6 , 8)
2. court's discretion to quash fir based on circumstances. (Para 9 , 10)
3. final disposal of the petition. (Para 11 , 12)

JUDGMENT (Oral)

The hearing has been conducted through video conferencing.

Crl. M.A.603/2021 (Exemption)

1. Allowed, subject to all just exceptions.

2. Application is disposed of.

CRL.M.C. 124/2021

3. Vide the present petition, petitioners seek direction thereby for quashing of FIR No. 390/2017 dated 27.08.2017, registered at PS Saket 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 they have been identified by SI Dharmender/IO and submits that matter has been settled and she does not wish to prosecute the matter any further.

8. Petitioners and respondent no. 2 has settled their disputes and have entered into an amicable settlement vide a Compromise Deed dated 12.11.2020.

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. 390/2017 dated 27.08.2017, registered at PS Saket and consequent proceedings emanating therefrom are quashed.

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

12. The order be uploaded on the website of this Court forthwith.

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