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IN THE HIGH COURT OF DELHI
Suresh Kumar Kait, J.
Raja Tyagi - Appellant
Versus
State (NCT of Delhi) - Respondent
Crl.M.C. 181 of 2021
Decided On : 21-01-2021
Important Points
Subject
Criminal Law - Quashing of FIR
Headnote
(B) Settlement - Validity of compromise deed between parties allowing petition for quashing - Presence of respondent in court confirms settlement (Paras 6, 8).
Facts of the case:
The petitioner seeks to quash FIR registered against him on the basis that the disputes between him and the respondent have been settled amicably, with no objection to quashing from the respondent.
Findings of Court:
The court found that prosecuting the petitioner further would not serve any useful purpose given the amicable settlement.
Issues: The court addressed whether the FIR could be quashed based on the settlement between parties.
Ratio Decidendi: The court reasoned that when both parties have settled their disputes and the respondent does not wish to pursue the matter, the FIR is quashed to avoid unnecessary prosecution.
Result: Petition allowed.
| Table of Content |
|---|
| 1. application allowed and disposed. (Para 1 , 2) |
| 2. application for quashing fir due to settlement. (Para 3 , 6 , 7 , 8) |
| 3. court's decision based on amicable settlement. (Para 4 , 5 , 9 , 10) |
JUDGMENT (Oral)
CRL. M.A. 919/2021
1. Allowed, subject to all just exceptions.
2. Application is disposed of.
CRL.M.C. 181/2021
3. Vide the present petition, petitioner seeks direction thereby for quashing of FIR No.567/2015 dated 15.06.2015, registered at PS - Vikaspuri, 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 through video conferencing with learned counsel and he has been identified by SI Tarun Kumar/IO and submits that matter has been settled and he does not wish to prosecute the matter any further.
8. Petitioner and respondent no.2 have entered into an amicable settlement vide compromise deed dated 08.01.2021.
9. 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.
10. For the reasons afore-recorded, FIR No.567/2015 dated 15.06.2015, registered at PS - Vikaspuri, Delhi and consequent proceedings emanating therefrom are quashed.
11. The petition is, accordingly, allowed and disposed of.
