An FIR can be quashed if parties have amicably settled their disputes and the complainant does not wish to pursue prosecution further.

Headnote:(A) Criminal Procedure Code, 1973 - Sections relevant to quashing FIR - The petition seeks quashing of FIR No.1329/2017 registered at Police Station Vijay Vihar, based on the amicable settlement between the parties. (Paras 3-10)

(B) Compromise Deed/MoU - Parties settled their disputes prior to the hearing, and the complainant expressed no objection to the quash of FIR. (Para 8)

Facts of the case:
The petitioner sought to quash an FIR, asserting the disputes with the complainant were settled, with the complainant present and not wishing to continue prosecution.

Findings of Court:
The Court found no useful purpose in prosecuting the petitioner due to the amicable settlement, thus quashing the FIR.

Issues: The main issue discussed is whether the FIR should be quashed given the settlement between the parties.

Ratio Decidendi: The court determined that an FIR may be quashed if the parties have amicably settled the matter and prosecution is not desired by the complainant.

Result: FIR No.1329/2017 quashed.

Table of Content
1. quashing fir due to settlement. (Para 3 , 7 , 8 , 9)
2. court's inclination based on facts. (Para 10 , 11)
3. order of the court and disposal. (Para 12 , 13)

JUDGMENT (Oral)

CRL. M.A.872/2021

1. Allowed, subject to all just exceptions.

2. Application is disposed of.

CRL.M.C.173/2021

3. Vide the present petition, petitioner seeks quashing of FIR No.1329/2017, dated 05.11.2017 registered at Police Station Vijay Vihar, Delhi, and consequent proceedings arising therefrom.

4. Notice issued.

5. Notice is accepted by learned APP for State and by learned counsel for respondent No.2 present in the Court through video conferencing and she has been identified as the complainant of FIR in question by the Investigating Officer of this case, who is also present in the Court.

6. With the consent of learned counsel for the parties, the present petition is taken up for final hearing.

7. 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.

8. Respondent No. 2 is personally present in Court with learned counsel and she has been identified by SI Anju/IO and submits that matter has been settled and she does not wish to prosecute the matter any further.

9. Petitioner and respondent no.2 have entered into an amicable settlement vide Compromise Deed/MoU dated 08.01.2021.

10. 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.

11. For the reasons afore noted, FIR No.1329/2017, dated 05.11.2017 registered at Police Station Vijay Vihar, Delhi and consequent proceedings emanating therefrom are quashed.

12. The petition is accordingly allowed and disposed of.

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

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