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IN THE HIGH COURT OF DELHI
Suresh Kumar Kait, J.
Shivam Lakra - Appellant
Versus
State - Respondent
Crl.M.C. 146 of 2021
Decided On : 18-01-2021




Amicable settlements between parties can justify the quashing of an FIR when prosecution serves no useful purpose.

Headnote:(A) Criminal Procedure Code, 1973 - Section 482 - Quashing of FIR - Petition for quashing FIR No. 92/2017 filed on grounds of amicable settlement between parties - Respondent No. 2 personally present, having settled disputes and does not wish to prosecute further - No useful purpose in continuing prosecution. (Paras 3, 6, 7, 9, 10)

(B) Voluntary Agreement - The court recognized the effectiveness of an amicable settlement to prevent unnecessary legal proceedings, supporting the principle that settled matters should not burden the judicial system. (Paras 6, 9)

Facts of the case:
The petitioner seeks direction for quashing an FIR filed against him, asserting that the parties have mutually settled their disputes and that respondent No. 2 has no objection to the petition being allowed.

Findings of Court:
The Court quashed the FIR and the subsequent proceedings as no useful purpose would be served in prosecution.

Issues: The main issues addressed were whether a settled dispute warrants quashing of an FIR and if proceeding with prosecution is justified when parties have reconciled.

Ratio Decidendi: The court held that amicable settlements between parties can lead to quashing of FIRs, as continuing prosecution serves no useful purpose when a dispute is resolved.

Result: Petition allowed and FIR quashed.

JUDGMENT (Oral)

CRL. M.A.743/2021

1. Allowed, subject to all just exceptions.

2. Application is disposed of.

CRL.M.C.146/2021

3. Vide the present petition, petitioner seeks direction thereby for quashing of FIR No.92/2017 dated 16.02.2017, registered at PS - Shahbad Diary, 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 she has been identified by WSI Anju/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 have entered into an amicable settlement vide settlement deed dated 24.12.2020.

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.92/2017 dated 16.02.2017, registered at PS - Shahbad Diary, 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 of this Court forthwith.

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