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DELHI HIGH COURT
SURESH KUMAR KAIT
Tarun Khanna – Appellant
Versus
State (NCT of Delhi) – Respondent
| Table of Content |
|---|
| 1. quashing of fir based on mutually settled disputes. (Para 3 , 6 , 7 , 8) |
| 2. issuance and acceptance of notice leading to final disposal. (Para 4 , 5) |
| 3. court's inclination to quash fir due to lack of purpose. (Para 9) |
| 4. legal basis for fir quashing. (Para 10) |
| 5. formal conclusion and order of the court. (Para 11 , 12) |
Crl. M.A. 17/2021 (exemption)
1. Allowed, subject to all just exceptions.
2. Application is disposed of.
CRL.M.C.8/2021
3. Vide the present petition, petitioners seek direction for quashing of FIR No.509/2017 dated 09.11.2017 registered at Police Station Kalkaji and consequent proceedings arising therefrom.
4. Notice issued.
5. Notice is accepted by learned APP for State and by respondent no.2 present in person and with the consent of counsel for parties, present petition is taken up for final disposal.
6. Petitioner no.1 and respondent no.2 got married on 20.07.2015. Due to extreme incompatibilities between petitioner and respondent no.2, they started living separately from 01.05.2017.
7. Petitioner no.1 and respondent no.2 entered into an amicable settlement vide Memorandum of Understanding/Settlement Agreement dated 05.
Court can quash FIR if parties reach amicable settlement and complainant wishes not to pursue charges, indicating no useful purpose in prosecution.
An FIR can be quashed if both parties have entered into a mutually agreed settlement and the complainant no longer wishes to pursue the case, demonstrating that prosecution serves no useful purpose.
An FIR can be quashed when the parties reach an amicable settlement and express no intent to prosecute further, as it serves no useful purpose to continue legal proceedings.
Parties can amicably settle disputes, and such settlements justify quashing of FIRs, especially in cases stemming from personal issues.
In cases of amicable settlement between parties, and where prosecution serves no useful purpose, FIRs can be quashed according to Section 482 of the Code of Criminal Procedure.
A court may quash an FIR when the parties have amicably settled their disputes and continued prosecution serves no useful purpose.
The court can quash an FIR when parties amicably settle their disputes and express a desire not to pursue the prosecution.
The court can quash an FIR when both parties have amicably settled their disputes and the complainant does not wish to proceed with prosecution.
Quashing of FIR is justified when parties settle amicably and the complainant chooses not to pursue the prosecution, emphasizing the importance of the complainant's consent in criminal proceedings.
The Court may quash FIR proceedings when parties reach an amicable settlement, ensuring that further prosecution serves no purpose.
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