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IN THE HIGH COURT OF DELHI
Suresh Kumar Kait, J.
Ved Bhushan Bhatia - Appellant
Versus
State - Respondent
Crl.M.C. 68 of 2020
Decided On : 19-01-2021




An FIR can be quashed based on an amicable resolution between parties, provided the complainant indicates no objection to terminating proceedings.

Headnote:(A) Indian Penal Code, 1860 - Sections 279 and 337 - FIR quashed following amicable resolution between parties - Proposed settlement deed submitted on record representing resolution of disputes - No purpose served in continuing proceedings due to resolution - Application to quash FIR allowed. (Paras 1, 11, 12, 13)

(B) Quashing of FIR - Circumstances under which FIR may be quashed - Amicable resolution by parties is an adequate ground for quashing when the complainant expresses no objection. (Paras 10, 11)

Table of Content
1. application for quashing of fir based on settlement deed. (Para 1)
2. details of fir registration and identification of complainant. (Para 6 , 7)
3. amicable resolution between parties. (Para 9 , 10)
4. court's inclination to quash fir due to resolution. (Para 11 , 12)
5. final order allowing the petition and quashing fir. (Para 13 , 14)

JUDGMENT (Oral)

CRL.M.A. 810/2021

1. By the present application, respondent No.2/complainant is seeking to place on record Settlement Deed executed on 13.01.2021 with petitioners and is praying for quashing of FIR, which is subject matter of main petition.

2. Notice.

3. Mr. Tarun Sharma, learned counsel representing petitioner and Mr.G.M.Farooqui, learned Additional Public Prosecutor for State, accept notice.

4. For the reasons stated in the application, it is allowed and in view of copy of Settlement Deed dated 13.01.2021 placed on record, the main petition is set down for hearing. The date of 09.05.2021 fixed in the petition is accordingly recalled.

5. The application is accordingly disposed of.

CRL.M.C. 68/2020

6. The subject matter of this petition pertains to FIR No.29/2017, under Sections 279 & 337 IPC, registered at police station Maurya Enclave, North West District, Delhi.

7. Mr. G.M.Farooqui, learned Additional Public Prosecutor for State submits that respondent No.2 is present in the Court and he has been identified as the complainant of FIR in question by the Investigating Officer of this case, who is also present in the Court.

8. With the consent of the parties, the present petition is taken up for final hearing.

9. Learned counsel for the parties submit that parties have amicably resolved the subject matter of this petition in terms of Settlement Deed dated 13.01.2021.

10. Learned counsel for respondent No.2/complainant on instructions affirms that the terms of Settlement Deed dated 13.01.2021 have already been acted upon and respondent No.2 has no objection if the proceedings arising out of FIR in question are brought to an end.

11. 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.

12. For the reasons afore noted, FIR No.29/2017, registered at police station Maurya Enclave, North West District, Delhi and consequent proceedings emanating therefrom are quashed.

13. The petition is accordingly allowed and disposed of.

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

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