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IN THE HIGH COURT OF DELHI
Suresh Kumar Kait, J.
Ramesh Sharma - Appellant
Versus
State NCT of Delhi - Respondent
Crl.M.C. 1947 of 2020 & Crl.M.A. 13869 of 2020
Decided On : 18-01-2021
Important Points
Subject
Criminal Law - Quashing of FIR
Headnote
Facts of the case:
The petitioner files for quashing of FIR No.213/2020, having stated that the dispute has been amicably settled with the complainant who does not wish to prosecute further.
Findings of Court:
Considering the settlement and public interest concerns, the court quashed the FIR.
Issues: The primary issue addressed was whether the FIR should be quashed given the amicable settlement and the nature of the allegations involved.
Ratio Decidendi: The court ruled in favor of quashing the FIR based on the settlement while acknowledging the allegations made against the petitioner, stating that prosecution serves no useful purpose.
Result: FIR No.213/2020 is quashed.
| Table of Content |
|---|
| 1. settlement of disputes between parties (Para 1 , 4 , 5 , 6) |
| 2. court's decision on quashing fir (Para 3 , 11) |
| 3. opposition to petition and assurance of compensation (Para 7 , 8) |
| 4. quashing of fir based on circumstances (Para 12) |
| 5. conclusion of the case (Para 13 , 14) |
JUDGMENT (Oral)
1. Vide the present petition, petitioner seeks direction thereby for quashing of FIR No.213/2020 dated 09.09.2020, registered at PS - Shaheen Bagh and all other proceedings arising therefrom.
2. Notice issued.
3. Notice is accepted by learned APP for State and by respondent no.2 present in person and with the consent of counsel for parties, the present petition is taken up for final disposal.
4. 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.
5. Respondent no.2 is personally present in Court and she has been identified by SI Ravinder Chander/IO and submits that matter has been settled and she does not wish to prosecute the matter any further.
6. Petitioner and respondent no.2 have entered into an amicable settlement.
7. Learned APP for State has opposed the present petition by stating that the petitioner has cheated respondent no.2 and misappropriated an amount of Rs.1,20,000/-. Though after the FIR, during mediation the petitioner has paid an amount of Rs.2,50,000/- to the complainant but still the petitioner is alleged to have misled the complainant and cheated her on the assurance that he prayed for resolution of problems and tensions in complainant's house. Moreover, due to the registration of FIR, government machinery came in motion and a lot of precious public time has been consumed, therefore, if this Court is inclined to quash FIR, heavy cost may be imposed upon petitioner in order to send a message to society at large.
8. Learned counsel for petitioner, on instructions from petitioner, has come forward and agreed to contribute an amount of Rs.25,000/- for welfare purposes.
9. Accordingly, petitioner is directed to pay this amount in the following manner:
(a) Rs.15,000/- in favour of Delhi Police Martyrs Fund;
(b) Rs.10,000/- in favour of Nirmal Chhaya Complex, Jail Road, New Delhi for the welfare of destitute women and children.
10. Petitioner is directed to pay this amount within 10 days and receipt of the same shall be furnished to IO concerned.
11. Taking into account the aforesaid facts, this Court is inclined to quash FIR as no useful purpose would be served in prosecuting petitioner any further.
12. For the reasons afore-recorded, FIR No.213/2020 dated 09.09.2020, registered at PS - Shaheen Bagh and consequent proceedings emanating therefrom are quashed.
13. The petition is, accordingly, allowed and disposed of.
14. Pending applications also stands disposed of.
